Patents should be understandable and easy to read.
It takes far more effort to write a clear, clean, direct, and comprehensible patent application than a giant, incomprehensible “pile of words”.
- Understandable and readable patents get better examination from the USPTO, which means those patents are much more “legitimate” than those that are poorly written. Examiners find the best prior art, and feel confident allowing a case when they understand the invention.
- Understandable and readable patents get better treatment when used to negotiate in a business context, such as when negotiating with an infringer. When the patent is pushed across the table to an infringer, the infringer should read it, understand it, and say, “Oh no. I see how we infringe.”
- Understandable and readable patents get better results when challenged, either in court or through the any type of review process, including Inter Partes Review. Well written patents withstand reexamination, and the judges and juries – normal laypersons – render better decisions when they understand the patents.
This is an excerpt from “Investing in Patents” by Russ Krajec.