Patent Claims Drafting Only?
Quote from premium on November 3, 2021, 4:16 pmMy client wants to save costs and wants me to draft patent claims only, based on the figure description and description of embodiments.
My feeling is that I should not take this order because the quality of the resulting patent will necessarily be bad.
How to deal with this situation?
My client wants to save costs and wants me to draft patent claims only, based on the figure description and description of embodiments.
My feeling is that I should not take this order because the quality of the resulting patent will necessarily be bad.
How to deal with this situation?
Quote from Martin Schweiger on November 3, 2021, 4:24 pmYes, you are right, the quality of the resulting patent will necessarily be bad if you take a figure description that has been drafted by your client and just attach a claim set to it.
But the good news is that you easily salvage this situation by upselling the drafting of the patent claims and a supporting section that links the language of the claims with the language in the figure description.
The easiest way to do this is to copy/paste the claim set under the description of each (!) figure, and to describe what claim elements can be seen in the figure, stating their names and reference numerals.
That gives you also the opportunity to highlight to your client those claim features that are now shown in the figures. This should result in extra work for updating the description.
Please watch out for my "claim-based patent drafting" course which will hopefully be published soon. That patent drafting style is entirely based on that approach.
In order to explain to your client what a "support section" is, you can refer to lesson 1 of my "patent drafting robot" course on Youtube:
https://www.youtube.com/watch?v=-HToswYSqbM
Quote from katieketchup on November 3, 2021, 4:37 pmThanks for the input! This was my reply to client for a similar situation, just to share
"We would rather not just draft the claims only. This is because the quality of the resulting patent will necessarily be bad if you take a figure description that has been drafted by the client and just attach a claim set to it. When drafting the patent claims, we will also need a supporting section that links the language of the claims with the language in the figure description. For further explanation of this ‘support’ section., you can refer to lesson 1 of our "patent drafting robot" course on Youtube: https://www.youtube.com/watch?v=-HToswYSqbM
In other words, if we were to provide a set of claims for the client, we have to also include a support section in the description. The costs for providing a set of claims + support will be about..."