S13 E11 Preventing Patent Profanity with Wayne Carroll | Leveraging Inspiration
S13 E11 Preventing Patent Profanity Have you played the game of “Taboo”? This is a game that skilled patent attorneys play every day to avoid “Patent Profanity”. Having the wrong language in a patent can cost companies millions of dollars. If your patent has certain words, they might severely limit the Patent Profanity, "The written description is the backbone of a patent application, and it can make or break your case. It's like the foundation of a building - if it's not strong, the whole thing could collapse." Knowing what to include and not include in your written description can make a significant difference in the success of your patent application. A well-written description can help to clearly define the invention and provide a solid foundation for your claims. Conversely, a poorly written description has been a critical factor in the defeat of patent owners in court. What you need to know. Patent profanity refers to the use of vague or generic terms in patent applications, which can lead to the patent being invalidated or narrowed down in scope. In the case of T-Mobile USA, Inc. and Mylan Pharmaceuticals, Inc., the use of certain phrases such as "very important feature" and "key feature" in the patent applications played a crucial role in determining the outcome of the case. Conversely, in Biovail Corporation International v. Andrx Pharmaceuticals, Inc. and Microsoft Corporation's case against Research Corporation Technologies, Inc., the use of specific language like "necessarily," "present invention," and "objects of the invention" led to limitations on the scope of the patent protection. Therefore, it is essential to avoid patent profanity while drafting a patent application to ensure its validity and protect its scope. What you need to do. Many people who learn a new language by living in a foreign county learn profanity first. Learn the profanity in patents so you do not cripple your hard work and investment in patents. TAKE ACTION Get a free review of your patent. Book a call with patent attorney Wayne Carroll to discuss your patent application and get the help you need to ensure its success. In our next episode, we are discussion avoiding shooting your patent in the foot with prior art declarations.
BIO: Wayne Carroll founded Inspired Idea Solutions Law Firm in 2013, an IP boutique law firm focused on helping small businesses with intellectual property. At Inspired Idea Solutions, we use a proven process for obtaining IP rights that focuses on aligning the business strategy of small business clients with their IP strategy. We help small businesses implement a strategy to ensure they own and leverage their intellectual property. We also have clear expectations with zero hidden fees.
In addition to his legal work, Wayne is an Eagle Scout and actively volunteers with the Boy Scouts of America. He is also a proud father of six children and enjoys playing pickleball. Wayne's extensive experience and expertise in intellectual property law make him a highly respected attorney and a valuable asset to clients seeking protection for their intellectual property rights. Wayne can be reached at 480-741-2440 or Wayne@inspiredideasolutions.com. You can also connect with Wayne on LinkedIn.
Schedule an appointment with Wayne Carroll for a strategy session on how to protect and leverage your intellectual property.
TAGS: intellectual property, patents, trademarks, copyright, trade secrets, protection, invention, first-to-file, first-to-invent, confidentiality, publication, trademark application, copyright registration, trade secret protection, Wayne Carroll, Inspired Idea Solutions, strategy session, safeguarding intellectual property rights
Episode link: https://play.headliner.app/episode/14772450?utm_source=youtube
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