Kevin Mark Klughart

PhD, PE, JD, MIP, LLM

Patent Attorney / Engineer

 

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Patent Examples

 

I often get requests from clients wanting patent exemplars in order for them to get some idea of what a properly drafted patent looks like.  Below is a sample listing of patents that I have initially drafted (or was responsible for parent application preparation/filing) that will hopefully provide some insight into how these documents are formed.  The technology areas below include a broad range of mechanical, electrical, software, and business method patents.  Pay particular attention to the drawings - their structure, format, and content.  Exemplary applications with specific focus in the electrical and software arts are indicated in bold.

Links below use the Google Patent Search Engine, which provides for PDF downloads.  If these links are not currently active, the patents may be viewed at the USPTO website.

Patent Title
7,780,733 Artificial spinal disc replacement system and method
7,702,247 Latent image developer system and method
7,491,240 Artificial spinal disc replacement system and method
7,475,563 Multifunction cooler
7,446,388 Integrated thin film capacitor/inductor/interconnect system and method
7,444,959 Animal self-grooming system
7,425,877 Lange coupler system and method
7,339,928 Micro-mobility network routing system and method
7,327,582 Integrated thin film capacitor/inductor/interconnect system and method
7,283,496 Network paging system and method
7,251,628 Automated purchasing agent system and method
7,221,019 Short-channel Schottky-barrier MOSFET device and manufacturing method
7,198,151 Rope can
7,152,551 Hay feeder
7,131,259 High density combined cycle power plant process
7,127,527 Network element terminal data interface system and method 
7,048,414 Light fixture cover system and method
7,052,945 Short-channel Schottky-barrier MOSFET device and manufacturing method
7,010,610 Programmable agent workstation system and method
D518,179 Hearing aid eartip
6,998,696 Integrated thin film capacitor/inductor/interconnect system and method
6,968,553 Element manager common gateway architecture system and method
6,890,629 Integrated thin film capacitor/inductor/interconnect system and method
6,856,326 Smooth scrolling system and method
6,847,295 Anti-abduction system and method
6,792,759 High density combined cycle power plant process
6,792,608 Network navigator interface system and method
6,785,741 Call director system and method
6,761,963 Integrated thin film capacitor/inductor/interconnect system and method
6,744,103 Short-channel Schottky-barrier MOSFET device and manufacturing method
6,718,324 Metadata search results ranking system
6,654,456 Multi-service communication system and method
6,606,848 High power density combined cycle power plant system
D482,847 Gear hat
6,546,388 Metadata search results ranking system
6,539,549 Safety applicator glove system and method
6,495,882 Short-channel Schottky-barrier MOSFET device
6,494,045 High density combined cycle power plant process
6,434,548 Distributed metadata searching system and method
6,396,137 Integrated voltage/current/power regulator/switch system and method
6,330,931 Fall protection system and method
6,328,828 Ultrasonic process and ultraclean product of same
6,297,744 Aerialift warning system and method
6,230,480 High power density combined cycle power plant
6,166,366 System and method for monitoring and controlling the deposition of pattern and overall material coatings
6,030,463 System and method for ultrasonic cleaning and degreasing
6,026,172 System and method for zoom lens calibration and method using same
5,943,801 System and method for backlighting a display
5,801,411 Integrated capacitor with reduced voltage/temperature drift
5,798,669 Temperature compensated nanopower voltage/current reference
5,546,055 Crystal oscillator bias stabilizer
5,543,761 Prepackaged crystal oscillator calibration and configuration interface

General Guidelines

Remember first of all that good patents start with good drawings.  Generate the drawings (with numbering) FIRST before generating specification text.

The patent drawings should read like a comic book and provide all information necessary to both identify the invention and differentiate it from the prior art.  To this end, I generally have 1-2 drawings to describe the prior art and contrast it with the current invention.

Remember that the Patent Examiner has a limited amount of time for examination.  Therefore, clear drawings that identify the invention are a must.

NO CLAIM SHOULD BE WRITTEN WITHOUT A SUPPORTING DRAWING THAT READS DIRECTLY ON THE CLAIM.

Pay particular attention to the FORMAT of the claim, as this can dramatically simplify claim construction and interpretation, as well as permit integration of direct claim language within the specification.

Since the Abstract is not technically part of the Specification (although some court decisions may disagree), it should be replicated (with appropriate changes in wording) as the last paragraph of the specification.  This way, there is no question as to whether information contained in the Abstract is contained within the Specification.

While not required, a TABLE OF CONTENTS can be invaluable in organizing a lengthy patent application, especially in the computer and electrical arts where the specifications can easily run 100 pages with 50 or more drawings.  The TABLE OF CONTENTS should be placed prior to the start of the patent application and identified as "For Examination Reference Purposes Only" and should incorporate major Word HEADINGS in its construction.

Also with respect to HEADINGS in a patent application, I typically will incorporate major Figure callouts (0100, 0200, etc) within the HEADINGS so that locations of specification support for specific drawings are clearly identified in the TOC.  If you follow the convention that the first two digits of the callout (01, 02, etc.) reference the page on which the callout is first placed, then you can easily correlate the HEADINGS with descriptions of the respective drawings.

While the original claims are technically part of the specification and can be used to support expanding the specification to support the claim, it is unwise to rely on this in your drafting.  Good practice dictates that major claims be copied into the specification (with appropriate editing) and include specific callout references to drawing elements to fully support the claim in the specification.  DO NOT RELY ON THE GENERAL TEXT IN THE SPECIFICATION TO SUPPORT YOUR CLAIMS.  Many a Section 112 rejection can be avoided by using this technique.

Construction of Independent and Dependent claims should incorporate numeric SEQ fields in Word as appropriate to automate the numbering of claims and numeric references between claims.  In this manner, claims can be freely copied/modified/added without any need for manual renumbering of other claims in the patent application.  This same technique can be utilized to produce a report at the end of the patent application detailing the filing fees, including extra fees for additional claims, additional independent claims, and extra page count.

Remember that a well written patent SYNTHESIZES the invention into its functional components, FRACTURES the components into relational elements, and finally ABSTRACTS these elements to include the preferred embodiments and the "idealized" invention concept.  More information on this technique can be obtained from the white paper IP Protection for the Semiconductor Industry.

 

 

Contact Information:

Kevin Mark Klughart

Registered Patent Attorney, USPTO

3825 Leisure Lane, Denton, TX 76210-5589

tel: 800-353-1211 / 940-320-0580  -  fax 940-320-0581

Kevin@Klughart.com   email  -  web    www.Klughart.com

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