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About the Book
"The specification and claims of a patent, particularly if the invention be at all complicated, constitute one of the most difficult legal instruments to draw with accuracy."
Mr. Justice Brown Topliff v. Topliff United States Supreme Court 145 U.S. 156, 171 (1892)
Drafting and prosecuting a patent application is one of the most challenging tasks in the legal profession --- and the U.S. Court of Appeals for the Federal Circuit has placed the burden of expertly drafting patents squarely on patent attorneys.
A poorly crafted patent is easily challenged and cannot adequately protect the underlying invention. All too frequently, patent owners discover too late that the rights granted in their patent are far narrower than anticipated.
Drafting Patents for Litigation and Licensing is the first book to help patent practitioners draft the broadest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law. Nearly every day, the courts provide patent practitioners with practical guidance on how to best comply with the requirements of the patent statute. Drafting Patents for Litigation and Licensing provides, for the first time, an organized review of these lessons and guidance for applying them. This treatise not only benefits the patent practitioner, but it also aids and advances the patent system. Better, stronger patent applications can only result in higher quality issued patents of value both to their owners and to the public. While there are many books on how to draft a patent application and claims, Drafting Patents for Litigation and Licensing is the only manual that walks the patent drafter through the minefield of court decisions that have steadily whittled away at the scope and validity of patents. Going beyond the basic mechanics of patent claim drafting, this handy guidebook thoroughly -- and in plain language -- explains and emphasizes techniques that produce broader interpretations of patents, strengthen their validity, and result in stronger patents to withstand litigation.
Drafting Patents for Litigation and Licensing focuses on real-life examples taken from court decisions -- especially those from the U.S. Court of Appeals for the Federal Circuit, in which patents were interpreted, enforced, or licensed -- too often to the detriment of the patent owner. Lessons taken from these decisions are broken out by principle and area technology, providing detailed advice for drafting strong patents, avoiding problems, and maximizing leverage.
