6
votes
Risks of "kitchen sink" disclosures?
Practice differs across jurisdictions worldwide. The idea is the same behind all of them, but usually the tools to analyze enablement are different.
I think patent attorneys don't like broad claims ...
- 1,282
3
votes
Accepted
Does non-enabled use constitute infringement?
You are conflating two different questions.
A person infringes a claim if they perform all the steps of it. It generally doesn't matter whether the original inventors foresaw the particular details ...
- 6,168
3
votes
Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?
You haven't said what is actually claimed. But that's what matters. I have assumed that the claims relate to the particular method that you note is described.
Enablement requires that the reader can ...
- 6,168
2
votes
Sufficiency of disclosure (enablement, written desc) for genus claims?
In the US case, I would also like to add that reverse doctrine of equivalents (DOE) may apply as implicit claim scope limitation. Reverse DOE essentially says literally infringing structure may not ...
- 866
2
votes
Accepted
Sufficiency of disclosure (enablement, written desc) for genus claims?
Are such broad claims invalid when an unenabled/non-writtenly-described embodiment is identified?
Yes.
The written description requirements in the US and EPO require that the invention must be ...
- 6,168
2
votes
Accepted
Can a patent be invalidated when the inventors later publicly doubt operability and the reliability of reported results?
If the application is still pending, you may even attempt filing third-party submission (if still possible), and state that the publication is relevant to 101/utility. However, it sounds like this ...
- 866
2
votes
Accepted
Patentability vs enablement
This is a neat set of questions. Here are some of my thoughts related to it:
1) In your example, you are making a fan with very specialized fan blades. I don't think that a normal fan maker is ...
- 86
1
vote
"Undue experimentation" - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?
Especially in light of the fact that the inventor, if enablement is
taken into account, must be in full possession of the exact recipe for
at least one embodiment.
Not necessarily. An example of the ...
- 389
1
vote
"Undue experimentation" - why isn't the patent office more demanding to minimise it (e.g. provide parts list)?
George White has the key - because it all relates to 'a person skilled (or of ordinary skill) in the art' - the famed and elusive "POSITA."
In other words, a person of ordinary skill in the field of ...
- 218
1
vote
Prototype requirement and patent enablement wrt written description requirements
The document WO1997013970A1 is not a patent. It is a publication of an international patent application. There is no corresponding U.S. Patent.
More details on this international application are ...
- 96
1
vote
Prototype requirement and patent enablement wrt written description requirements
In the United States, your patent application must be enabling, meaning that somebody of ordinary skill in the art could practice the invention after reading the patent application. There is no ...
- 653
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