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November 01, 2006
A Patent Application or a Soapbox?
Wow... wow.... all I can say is ... wow.
U.S. Patent Application No. 2004/0161257 has this little nugget in it as claim number 9.
I applaud whoever drafted the application for their sense of spunk, but you really have to wonder.... what were they thinking?
Personally, if there was an oath/declaration signed by the inventor (also -- PDF version) and filed in the application stating that the inventor had read and understood the application to accurately reflect their invention - I would be worried that claim 9 could cause some problems down the line.
Once again... wow... all I can say is ... wow.
Posted by Douglas Sorocco at 02:11 PM.
Permalink: A Patent Application or a Soapbox?
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It was filed with formal docs, so there is going to be an awfully good argument that the Oath was false. Ouch!
Posted by: Judith at November 2, 2006 03:10 PM
Hmmm... claim 9 seems to be an acceptable method claim to me. Perhaps the defective declaration problem can be cured by adding the patent attorney as an inventor, and having him file a declaration that he was omitted without deceptive intent? The original inventor could argue that his declaration was valid as to the claims he invented. Of course, the method of including a bogus claim might not be enabled by the specification...
Posted by: Mike Brown at November 3, 2006 10:33 PM
