Rules of Patent Drafting

ebook

By Joseph Root

cover image of Rules of Patent Drafting

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Rules of Patent Drafting by Joseph Root: Patents are invalidated every day for reasons often stemming from avoidable error. Rules of Patent Drafting: Guidelines from Federal Circuit Case Law helps patent drafters avoid such errors with a set of patent drafting rules derived from Federal Circuit decisions. By focusing on drafting principles, instead of abstract legal concepts, the reader gains a coherent, integrated understanding of what the Federal Circuit requires. The rules point the way to confident drafting.

Rules of Patent Drafting: Guidelines from Federal Circuit Case Law addresses a major development in patent law over the last two decades - the Disclosure Revolution. Claim construction now depends more on support from the specification than any other factor, and other determinants of validity have followed suit. Written description, the doctrine of equivalents, and definiteness, all look to the specification to determine the application of each of these doctrines, and others as well. This book guides the drafter in meeting all the requirements that the Federal Circuit has set out for patent validity. Beyond demonstrating how to ensure bare validity, the book goes further to illustrate techniques for achieving desired coverage through rules teaching breadth in drafting, claiming, and prosecuting.

The rules-based approach to patent drafting provides a clear framework to assist both the beginner and the experienced practitioner. A learner is guided through the facets of a rule piece by piece, looking to the Federal Circuit rationale for each clause. Seasoned drafters can quickly update themselves or clarify specific points with precision. For either reader, the clear exposition communicates essential information rapidly and thoroughly.

Features

  • Written by a very experienced practitioner and patent drafter, who has a wealth of experience with Patent Law. Root's career spans the entire life of the Federal Circuit, and it includes patent preparation, prosecution, and litigation, from both hands-on and management perspectives.
  • Provides important information that even the most expert patent drafters will find invaluable to help avoid patent invalidation
  • Gives patent drafters a wealth of strategic, organized information on the relevant case law issued by the Federal Circuit
  • A new approach to learning patent drafting, presenting an integrated set of rules. Each rule is internally coherent and complete, so that full understanding of the rule produces a complete grasp of all important facets of a topic.
  • Text combines thoroughness and accessibility. Federal Circuit cases are fully presented, with sufficient factual treatment to assist understanding. Clear organization and writing promote understanding by IP specialists and non-lawyers alike.

    Reviews

    "The contents and insights are refreshingly different from the type of thing that seems to be rehashed in books aimed at beginners. Furthermore, the author, Joseph Root, supports his contentions and illustrates his approach with reference to Federal Circuit Court of Appeal decisions...What is particularly refreshing though, is the style. The author emphasizes his points with similes and metaphors taken from an impressive range of books, films, and TV series. Despite thoroughly addressing weighty subject matter, the book is not a heavy read."

    --The IP Factor

  • Rules of Patent Drafting