Efficient Patent Application Drafting: Minimizing Rework in Inventor Interviews

In the world of patent application drafting, efficiency is key. Neil Kardos offers valuable insights into making the process more streamlined, especially in handling inventor interviews. A common trap many patent practitioners fall into is the inadvertent engagement in rework, particularly in the way inventor interviews are conducted. Transcribing or listening to the entire recording of these interviews, as it turns out, is a significant time sink.

Recording inventor interviews is useful as a backup, but relying on them extensively for information can lead to inefficiency. Instead, Neil advocates for effective note-taking as the cornerstone of efficiency. This involves preparing questions in advance, written in blue ink, and noting down answers in red during the interview. This method is flexible, working well with both traditional and digital note-taking methods.

In this process, strategic note-taking is key. It’s important to avoid noting down information that is already known or included in the invention disclosure form (IDF). The focus should be on clarifying ambiguities and jotting down new insights. If you fall behind in note-taking, marking the time elapsed in the interview can help you quickly locate the needed section later, should you need to revisit the recording.

Modern technology, such as screen sharing, can further enhance the efficiency of reviewing recordings, allowing for quick navigation to relevant sections. A critical aspect of this process is setting aside time for a post-interview debrief. This could range from determining focus areas for claims to drafting the claims and figures. Neil describes this method as “frontloading,” a highly effective strategy that he discusses in more detail in another presentation.

Neil’s advice highlights subtle but impactful methods for refining workflow in patent application drafting. By adopting these strategies in inventor interviews, patent practitioners can transform a routine task into a significant efficiency booster.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Harrity 4 Charity Announces 2023 Charitable Contribution Matching Campaigns

Harrity 4 Charity, the giving-back initiative of Harrity LLP, is excited to announce our 2023 Giving Matches. Now through the end of the year, we will be matching gifts made to our Harrity 4 Charity partners.

Harrity 4 Charity will be matching donations gifted to Inova Children’s Hospital, Change the Conversation, ZERO—The End of Prostate Cancer, Patent Pathways™, and the American Heart Association for our 2023 Matching campaign! Please consider making a donation to have your impact doubled.

Patent Pathways™

Running through 12/31, Harrity 4 Charity is matching donations made to Patent Pathways™! Every donation up to $50,000 will be matched to provide essential trainings that support diversity and inclusion in the patent field. Click here to donate to Patent Pathways.

Change the Conversation

In an effort to put an end to childhood sexual abuse and help survivors with recovery, we are matching $50,000 of donations made to Change the Conversation by December 31st. Please click here to contribute.

Inova Children’s Hospital

Harrity 4 Charity will double $100,000 of donations made to Inova Children’s Hospital from now until the end of the year. All donations will go directly towards purchasing toys and books, and providing support for children undergoing treatment and surgery at Inova Children’s Hospital during the holidays for Poppy’s Toy Drive — an initiative started by eight-year old cancer survivor, Poppy, who spent 160 days at Inova in 2018. Click here to donate to Poppy’s Toy Express.

ZERO: The End of Prostate Cancer

Harrity 4 Charity is proud to support ZERO: The End of Prostate Cancer with a one day 4X match up to $100,000! You can join the fight against prostate cancer and support prostate cancer education, testing, patient support, research and advocacy by donating here.

American Heart Association

Harrity 4 Charity will be continuing our support of the American heart association with an end of year matching campaign up to $25,000! Donations made to the American Heart Association, the largest non-profit organization dedicated to fighting heart disease, through the upcoming Lawyers Have Heart event will be doubled through 12/31. Click here to donate and to register for the 2024 LHH 5K, 10K and Fun Walk on May 18th, virtually or in-person. You can also make a donation by simply texting ‘RUNLHH’ to 41444.

About Harrity 4 Charity

Harrity 4 Charity represents a partnering of law firm Harrity & Harrity, LLP, with charities that are near and dear to our hearts. Harrity pledges to give five percent of profits to partner charities and all Harrity employees pledge to donate a portion of their paychecks. Harrity & Harrity is a patent preparation and prosecution firm specializing in the electrical and mechanical technology areas and is considered a Go-To Firm for the Patent 300 ™. Our clients have come to trust in our high-quality work, experienced people, industry leading innovation, and outstanding service. For more information, visit harrityllp.com.

Revolutionizing Patent Applications: The Case for Clarity in Language

In the intricate world of patent law, the clarity of legal documents is not just a nicety but a necessity. Neil Kardos, a vocal advocate for more readable patent applications, recently highlighted an issue that’s often overlooked yet crucial. Patent applications, by their nature, are complex. They are technical documents, intricately detailing how new technologies function. However, Neil points out an additional layer of complexity that stems not from the content but from the style of writing.

Patent professionals are experts in their fields, with rich backgrounds in science, math, and engineering. However, Neil observes that this technical focus often comes at the expense of writing skills. The result? Patent applications that are not just technically dense but also linguistically challenging. Adding to this complexity is the traditional use of legal jargon, or legalese, which can make documents even more daunting.

Neil suggests a simple yet effective change: replacing “said” element with “the” element in patent claims. While this might seem minor, the impact on readability is significant. He draws on a Patently-O article, which indicates that in the 1970s and 1980s, about 90% of patent applications used “said”. Today, this usage has reduced to around 20%. Neil argues that even this is too high. By embracing simpler language, the patent community can make these vital documents more approachable and understandable.

What sets Neil apart is his approach to this issue. He doesn’t just propose a change; he invites a discussion. This open invitation is more than a call for change; it’s a call for a community-wide reflection on how the patent world communicates.

Neil’s advocacy for clearer writing in patent applications goes beyond merely suggesting a change; he fosters a dialogue towards a future where legal documents are not barriers but bridges to understanding. By adopting simpler language, the patent community can ensure that these crucial documents are not only legally sound but also broadly accessible.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

The Art of Precision: Enhancing Patent Illustrations with a Touch of Expertise

Navigating the patent process is akin to crafting a masterpiece—each line, shade, and angle contributes to the final depiction of innovation. In this intricate dance, the initial sketches set the stage. Neil Kardos, like a skilled artist, starts with strokes of inspiration, transforming the abstract into tangible hand-drawn figures.

This is where the journey from concept to concrete begins. It’s a pivotal transformation, facilitated by the adept hands of a Visio specialist at Harrity. With an arsenal of tailored templates and precision stencils, these initial sketches are elevated to the standards of professional patent drawings—often within the span of a day.

For many practitioners, however, such in-house luxuries may be a distant dream. Neil advises those in the wider legal landscape to seek out and foster relationships with professional drafters or specialized firms. Particularly for elaborate mechanical applications, where the minutiae matter, these partnerships can be invaluable.

Neil’s strategic advice extends beyond the logistics of drafting—it’s a philosophy of time management and focus. For the modern attorney, particularly in the world of fixed fees, the importance of honing in on crafting claims and the specification is paramount. Neil shares some of his personal tips to cut down on the drafting drudgery: avoid redrawing components that can be pulled from an IDF or another application—simply annotate “copy from slide 7 of the IDF” as a directive. And when it comes to modifications, why not start with a print-out of an existing drawing and manually add your edits?

At the heart of Neil’s methodology is a balance between efficiency and quality. By delegating the drawing process, attorneys at Harrity & Harrity are empowered to dedicate their expertise to the core elements of patent applications. This not only enhances the firm’s productivity but also upholds the high-quality standard that clients have come to expect.

What inventive methods do you employ in your practice to ensure your patent drawings are the epitome of efficiency and precision? At Harrity & Harrity, we’re committed to learning and sharing insights that propel us all towards excellence in the ever-evolving patent landscape.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Streamlining Inventor Approvals in Patent Drafting

As patent attorneys, one of our principal objectives is to draft applications that not only meet legal standards but also receive the nod of approval from the inventors we represent. It’s a delicate balance of interpreting technical ingenuity and presenting it through the stringent lens of patent law. Join us this week in our Practical Patents series, as Neil Kardos offers seasoned advice on how to navigate this process effectively, ensuring that when inventors review our applications, their most frequent response is an affirming “looks good.”

The process begins with the inventor interview—a critical juncture where the foundation for a robust application is laid. Here, we delve into the nuances of the main embodiment of the invention. Yet, it’s not just about the present innovation; it’s about potential future iterations as well. This is where the art of questioning becomes paramount.

Neil advises that to unlock the full narrative of an invention, one must go beyond the surface. It starts with identifying the novel aspects of the technology at hand. The question “What are some other ways this could be done?” not only helps in outlining potential alternatives but also safeguards against future design-around efforts. By brainstorming these alternatives preemptively and discussing them with inventors, we can stimulate a more dynamic and comprehensive exploration of the invention’s scope.

The inquiry doesn’t stop at what exists; it extends to what could follow. Asking inventors to envision further improvements or next steps in their innovation journey can reveal valuable insights into the invention’s future applications or enhancements. This foresight is crucial in crafting a patent application that is not only relevant today but will stand the test of time.

Lastly, a thorough wrap-up question such as “Is there anything we’ve overlooked?” ensures that all relevant details have been captured. It’s an essential part of the interview that can uncover overlooked aspects, leading to a more complete and robust application.

Setting expectations with the inventor is equally vital. The level of detail and focus in the patent application often correlates with the inventor’s experience with the patent process. For newcomers, it’s beneficial to outline what the patent application will include and why certain aspects will be highlighted over others. This clarifies the document’s focus on novel elements and prepares the inventor for the application’s format and content.

By adhering to these strategies, Neil asserts that patent attorneys can significantly reduce the need for subsequent revisions and increase the likelihood of obtaining that initial “looks good” from inventors. This approach not only streamlines the review process but also fosters a collaborative relationship with the inventor, ultimately leading to higher-quality patent applications.

The key is about understanding the inventor’s vision and ensuring that the patent application accurately and effectively communicates that vision within the legal framework. By incorporating these practices, patent attorneys can enhance their drafting process, resulting in greater satisfaction for both the inventors and the legal professionals tasked with protecting their creations.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

The Evolving Landscape of Automotive Patents Among German Automakers

The patent landscape in the automotive industry has been a topic of interest for stakeholders seeking to navigate the technological advancements and innovations shaping the market. A recent analysis by Harrity Analytics illuminates how the tides have turned in patent acquisition among Germany’s top three automakers—Mercedes, BMW, and Porsche—over the last two decades.

In the early 2000s, Mercedes led the pack in annual patent acquisitions. This period can be characterized as one where Mercedes aggressively sought to protect its intellectual property, a strategy that aligned well with the company’s pursuit of technological leadership in the industry.

However, a noticeable shift occurred around 2010. At this juncture, Mercedes began acquiring fewer patents annually, leveling the playing field for BMW and Porsche. Both companies seized this opportunity and started acquiring patents at a rate that put them in line with Mercedes. The trend suggests a strategic repositioning by BMW and Porsche, possibly driven by a need to catch up with Mercedes’ early lead and to solidify their own footing in rapidly evolving areas like electric vehicles, autonomous driving, and connected services.

The most significant transformation has been observed in the past five to seven years. During this phase, BMW and Porsche have not only caught up but have surpassed Mercedes in annual patent acquisitions. This shift signals a substantial realignment in the industry’s innovation focus, with BMW and Porsche ramping up their efforts to secure technological advancements through intellectual property. Conversely, Mercedes has fallen well behind, prompting questions about its long-term strategy in a landscape increasingly defined by disruptive innovations.

Understanding these shifts is crucial for industry players, investors, and policymakers as it provides insights into the competitive dynamics and innovation strategies of these automakers. The data suggests that while Mercedes may have been an early pioneer, BMW and Porsche have been more agile in adapting to new technological paradigms, as evidenced by their more robust patent portfolios in recent years. It will be interesting to observe how technological advances continue to disrupt the automotive industry and whether these three big players will adjust their patent strategies.

Keep an eye on the Patent 300® Dashboard to see how these trends play out!

Check out our other Patent Analytics services HERE.

Understanding the Sequence: Navigating the Nuances of “First” and “Second” in Patent Claims

In the meticulous practice of patent application drafting, the choice of words can be as crucial as the invention itself. Neil Kardos explores the subtleties of using sequential terms in the latest edition of the Practical Patents Series. Clarity and precision in claim language are the cornerstones of a robust patent application, a principle that Neil emphasizes in his discourse.

The common practice of denoting elements or steps as “first” and “second” serves a fundamental role in distinguishing components within patent claims. However, Neil cautions that these seemingly straightforward terms can be a double-edged sword. He presents a scenario that many practitioners encounter: defining a sequence within an invention. The term “first” might intuitively imply the beginning of a sequence, but as Neil elucidates, its interpretation in patent law can be broader.

Neil urges that when the order is pivotal to an invention’s functionality, the terms “first” and “second” should be used with discernment. For instance, if the intention is to specify the very start of a sequence, more explicit language might be warranted, such as “an initial time period” or “the earliest-occurring time period.” These alternatives leave no room for ambiguity and ensure that the claims are understood as intended.

In his practical guidance, Neil also highlights the importance of aligning the specification and drawings with the claims. This harmony across the patent application is vital for delineating the exact meaning of sequence terms, especially when dealing with inventions where timing is key.

Don’t forget to come back for more tips in the next installment of the Practical Patents Series. Until next time, happy patenting!

Note: This blog post is based on the opinions and observations of the author and should not be considered legal advice. Consult a qualified patent attorney for specific guidance on patent application drafting.

Want more tips? Check out other Practical Patents videos with Neil Kardos here!

Monitoring U.S. Patent Maintenance Fee Data: A Look at Strategy Shifts

Monitoring U.S. patent maintenance fee data provides valuable insights into the behavior and strategies of patent owners. At Harrity & Harrity, we have been actively tracking this information since 2015. Our analysis reveals a consistent pattern in maintenance fee payments, with data generally falling within a single standard deviation. However, 2020 stands as an exception, with activity moving outside this range for the first time. This anomaly could be attributed to various factors, such as the economic uncertainties of the COVID-19 pandemic or shifts in specific technology sectors.

As we look toward 2024, it becomes increasingly important to observe whether this data will experience further deviations. These trends could indicate either a return to previous payment behaviors or the emergence of new strategic approaches by patent owners. Factors like innovation cycles, market demands, and global crises could all contribute to shifts in data.

For patent owners, the implications of this analysis are significant. A consistent reevaluation of patent maintenance strategies is advisable to ensure alignment with long-term organizational goals and current market conditions. Harrity & Harrity’s commitment to patent analytics and consultative services aims to provide clients with the necessary insights to navigate the complex landscape of intellectual property rights effectively. As we approach 2024, we will continue to monitor these trends closely, offering valuable data to help patent owners stay informed and agile in their maintenance fee strategies.

Check out our Patent Analytics services HERE.