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Old 12-30-2005, 08:51 AM
Robert Baer
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Default Re: What is the difference betwee 'Method' and 'Apparatus' in a patentclaim area

[email protected] wrote:

> Hi Robert,
> Thank you for your excellent advice.
>
> Here are you key points:
> 1. Read at least a dozen "closely" relate patents;
> 2. You must describe the novel items;
> 3. The claims should cover all possible aspects that can be legally
> covered.
>
> I think this is inventor's responsibility:
> looking at the item upside-down, sideways, backwards, inside-out, and
> crazy-blue-sky if one can.
> The example of paper clip doesn't exist for eletronical circuits.
>
> For eletronical circuit, the inventor must have to think a lot about
> any possible designs around patents that any lawyers couldn't do it.
> Block them or invent them together.
>
> I don't understand the following statement:
> even as a "small entity" it is expensive.
>
> Thank you.
>
> Weng
>

The paper clip example was just an example and not intended to relate
to chemical patents, boilogical patents, electronic patents or any
specific type or class of patents.
It was intended to only show that some un-thought-of aspect can be
missed.
Look at the charges; a "small entity" pays thousands of dollars -
especially when one adds in the maintenance fees.
Patents are as good and as bad as a copyright.
All they do is give the holder incontestable proof that they are the
owner, period.
The size of the owner's wallet is more important when court action is
deemed necessary.
Only the rich win.
See what Don Lancaster has to say about patents.
Now you can do all of the research, write the the patent including
well-crafted claime, and then post it on the web thereby putting it into
the public domain.
That means that any art derived from the patent is mostly PD itself,
unless something "novel" is added - and only *that something* could be
patented by that inventer.
If your patent is something relatively fundamental (maser) then all
new art based on that patent would theoretically be PD (if i understand
the general drift of patent law correctly).
I have written up a few patents and put them on the web.
A hell of a lot cheaper and my wallet does not have to be invaded in
defending poachers.

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