From the outset simply invoking the patent process requires considerable financial
outlay in both administrative and legal fees, the bulk of which is spent with the Patent Attorney.
In reality, most individuals or sole inventors can barely afford the administrative
fees involved in lodging a patent application, let alone the onerous cost of consultation and, in many cases
they are beaten at the post by a barrage of wordy legalese and bureaucratic obstacles. The fact is that every
individual inventor/patentee is perfectly entitled to prepare and lodge his own patent application.
The purpose of writing this book, a comprehensive 'Patent Writing Kit' is to provide the inventor/patentee with
practical and technical information that will hopefully serve as a catalyst, if not least encouragement,
to "have a go" rather than abandon an otherwise valuable and patentable invention.
Numerous examples are presented throughout the book such as the Edison light globe which failed to deliver
Edison full commercial rights to his monopoly due to a poorly written claim.
A good illustration of this was when Edison presented the electric light globe and specified a carbon filament;
a similar globe comprising a tungsten filament was therefore available as a separate patent.
Another illustraion is the patent for a Compact Fluorecent lamp as manufactured by Philips which was revoked
because what the specification identified as the 'invention' was "... suitable luminescent materials as a
measure for (taken to mean 'as a means for') obtaining efficient highly loaded lamps...[opening] the way to
an entirely new lamp". The problem here was that Philips purported to claim as its own monopoly a variety
of phosphers, albeit in a particularly specific combination, that were known in the art of producing
fluoro tube lighting. The patent therefore could not stand.
Further the specification for the "Herbicidal Compositions", is reproduced as exactly as possible from the
original and somewhat faded microfilm copy of the specification as originally published by the Commonwealth
Government Printer. Spelling mistakes and other 'errors' have been included.
This patent was initially refused by the Deputy Commissioner of patents, but was eventually allowed to stand
following the High Court's determination in
National Research Development Corporation v. Commissioner of Patents.
The High Court held that a patent could in respect of an agricultural application, and could be in respect of a
"vendible result", such being a broad interpretation of "vendible product" as demanded by the Commisioner;
"product" being interpreted as any synthetic state of affairs having economic relevance.
In this case, the herbicidal had the "effect of preserving from deterioration some vendible product [i.e. crops]
to which it is applied.
The specification is particularly useful as an example of explaining the prior art, demonstrating usefulness
and manner of manufacture, the enablement, the use of tables and examples within the text of the specification.
The claims are succinct and marvellously clear.
This book, whilst primarily addressing the requirements for patentability and drafting a specification
in the context of Australian practice and conventions, also addresses and compares
U.S. patent requirements and drafting conventions.
This book is not so much concerned with the process of filing an application for a grant of letters patent,
which can be discovered simply by contacting the relevant Patent Office for filing instructions,
appropriate forms and the like. It is concerned with the formal conventions
and requirements and how those requirements inform the content of the specification and the drafting process.
This book recognizes that the law as it exists in the various jurisdictions, is essentially a codification
of well-settled principles as laid down by the Courts over many years. The legislation in the various
jurisdictions is, for the most part, a setting out of administrative requirements, and a codification of
the common law, along with certain prohibitions as from time to time may emanate from
contemporary public policy, eg. the cloning of human life.
This book is the product of extensive research and is intended to be treated as detailed information
on the nature of patentable inventions, what a patent is and as to the customary methods of
constructing and drafting a patent specification. The research examined existing texts on patent law
and applied that information having detailed regard to practical considerations and the formal
requirements of the patent specification.
The writers recognize that many inventions arise in the context of well-funded research and development
arms of private and publicly sponsored institutions, and that such inventions when or if patented
are done so in the context of experienced corporate or private patent attorney advice.
Large interests such as pharmaceutical or engineering corporations may possess their own patent
departments. This, however, does not guarantee the grant or validity of a patent.
This book cannot seek to replace the extensive expertise employed by such corporations, and therefore
recognizes that such corporations would be unlikely to refer to it. This book is addressed to inventors
or to such persons (eg. companies) who would otherwise hold the
potential property rights in their inventions were those inventions to become the subject of a
grant of letters patent. The book is therefore addressed to those who are not so much concerned with
the investment of vast amounts of capital for research and development, but who are otherwise in possession
of subject matter in need of patent protection such that they may freely exploit
the monopoly right if a patent were granted.
This book is primarily concerned with the patentee being able, as far as he can, to ensure that
in writing his own patent specification that
the two aspects, validity and adequate drafting are addressed.
This book provides a focus upon the Complete Specification, and recognises that Provisional
Specifications merely require less detail. As such, a Provisional Specification, whilst not directly
addressed in the book, may just as adequately be prepared using the information
herein provided.
As such, it is intended that the information provided in this Edition of 'Patent Writing'
will serve to enhance the inventors' ability to better understand, instruct and scrutinize
the process of developing, preparing and writing a complete patent specification.
Patent Writing Pty. Ltd. was originally established with a view to providing the inventor with
practical and technical information on developing and writing ones' own patent specification.
The information contained in the Patent Writing Kit is the product of collaborative research and
inquiry into the writing of a patent specification and addresses the drafting and construction of a
complete patent specification in accordance with
U.S., Australian and other English speaking jurisdictions.
This book is an articulate analysis on the preparation of a complete patent specification.
Creating this document was a far reaching goal our team of lawers and graduates at
Patent Writing Pty. Ltd. embarked upon in order to decipher and methodically present
a clear and coherent written work.
Our company policy and aim is to bridge the gap between the practical and
painstaking process of developing an idea, and the linguistic conventions necessary to secure
patent protection for new inventions.
The intention of the company is to reach as many inventors and potential inventors as possible,
those who cannot afford the financial outlay required and give them the opportunity to write their own patents.
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