This Is Our “17 Seconds” Newsletter #139: 17 Seconds = Useful Info Quickly.
When we write patent applications, we must carefully define what the competition (i.e. the prior art found by the patent search) does and what they do not do. If you know of specific patents, patent applications, publications, or websites that we can reference, then those must be included with the patent application.
Imagine that the invention has been turned into a product and you are writing the marketing literature for your product. Compare the features, functions, and benefits of the product to those of the competitors. Pay particular attention to how the invention overcomes the limitations inherent in the competitors’ products. In other words, what problem(s) is the inventor trying to solve? Chronologically, how have others tried and failed to solve the same or similar problem(s)? How does the invention now solve the problem(s)? Cite any publications or patents that discuss the problem(s) the invention solves or previous failed attempts to solve the problem(s).
Then briefly discuss what the reference does and what it does not do. Don’t include opinions, only include facts. The prior art section of a patent application is very important, so don’t worry if it takes many pages to describe all of the prior art. For each piece of material prior art that we know about, we ask you to provide one paragraph, saying what each does, and what each does not do – without mentioning your own product.
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