Read Your Patent Applications Carefully!

A patent attorney is often required to make educated guesses about how parts of the invention works. Once a patent application is written, it is sent to the inventor to have the inventor confirm that everything in the patent application is correct. However, because many engineers do not like to read long documents, there is always a fear that the inventor will sign off on the patent application without reading it carefully. (The patent rules require an inventor to declare that he or she has read the application and that it sets forth the invention).

The frustration with inventors not reading the application prior to filing apparently weighed heavy on the mind of one California patent attorney. He included the following claim in a patent application.

9. The method of providing user interface displays in an image forming apparatus which is really a bogus claim included amongst real claims, and which should be removed before filing; wherein the claim is included to determine if the inventor actually read the claims and the inventor should instruct the attorneys to remove the claim.

Unfortunately, the attorney forgot to take the claim out before filing the patent application. The claim is in the published application. OOPS!!!

 

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