Sunday, October 08, 2006

It's in the Patent Claims

Another call from a confused inventor, and another example of invention promo firm scam.

Caller was very upset. A large company (possibly more than one) was infringing his patent. Worse, he tried to contact them and they just "blew him off because he was a little guy" - or so he thought.

Unfortunately he was wrong. He was "blown off" because the company was not infringing, not even close.

What a patent protects is "in the claims" and nowhere else in that patent document. Read the claims. They are numbered and found at the end of the patent.

The caller had apparently not looked at his patent claims. He was looking at a part of the description section, and the even the description of his subject did not approach the supposedly infringing product.

Now patent claims can cover more than the examples described, but his claims did not. No infringement. No need for the time and effort he had spent.

The scam part comes in with the claims he did have. They would not protect a commercially viable verson of his idea, much less anything else.

More on patents at the U.S. Patent and Trademark Office website at
www.uspto.gov and my website at www.noreklaw.com

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