tag:blogger.com,1999:blog-5574479.post5533581853182991676..comments2024-03-29T09:21:58.696+00:00Comments on The IPKat: Small matter, big problem: the story of the average sized particleVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-2458984314253775072011-05-25T18:06:25.724+01:002011-05-25T18:06:25.724+01:00Given that the atomic radius of a copper atom is 0...Given that the atomic radius of a copper atom is 0.128nm, the size range seems to me to be not just difficult to measure but in fact impossible.Tufty the Cathttps://www.blogger.com/profile/09803006996232662500noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-79823693466502986802011-05-25T17:56:24.992+01:002011-05-25T17:56:24.992+01:00"You know what I mean" is simply not eno..."You know what I mean" is simply not enough to comply with Art. 84 EPC. Put it in the claim!<br /><br />If that's somehow not possible (anymore... i.e. after filing), that's not the EPO's fault.<br /><br />Having an attorney that really understands the technical detail and is able to put this into precise words can make all the difference. In the computer field it is all too common to see claims use the same term for entirely different concepts. For example, a claim might use "the program" to refer to source code, object code, an executing process in memory, etc. Such abuse of language is fine for everyday purposes, but not for defining an invention with an eye to getting patent protection. Often representatives aren't even aware of such distinctions. It is not only the president of the EPO that has difficulties with logic as discussed in G 3/08, point 11.2.3.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-1459937945347775922011-05-24T10:15:43.459+01:002011-05-24T10:15:43.459+01:00Whilst the average size of your typical football, ...Whilst the average size of your typical football, apple or other normally spherical object is usually self evident when you get down to thousandths of the wavelength of light (0.1nm) all sorts of weird and wonderful measurement effects occur and depending upon the average chosen all sorts of numbers can be conjured up. The moral of the tale here is presumably to make sure that the attorney drafting the work knows the science?<br /><br />However, common sense also goes a long way and our football analogy can be helpful, the informed attorney will immediately spot the size of the range 0.1 to 600. So how effective would it be if you defined the football having a size range from 0.1cm to 600cm, by analogy?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-66009609074822672812011-05-24T08:45:17.640+01:002011-05-24T08:45:17.640+01:00The EPO guidelines for examination clearly set out...The EPO guidelines for examination clearly set out what is required when parameters are in a claim. Most applications (and unfortunately many granted patents) do not comply with these requirements.<br />Although some might think that the EPO is too strict when considering clarity or sufficiency in respect of parameters, national patent judges are quite happy when they do not have to rely so heavily on the parties' experts telling them how the parameter should be understood.Anonymousnoreply@blogger.com