Tuesday, 15 July 2014

The place of patent drawings in IP litigation: a new article

"IP Litigation: What Place for Patent Drawings?" is the title of an article published online in the current (June 2014) issue of the WIPO Magazine. The author, Bernadette Marshall (NBG Drafting and Design, USA), opens by stating that
In today’s ever more complex technology landscape, the number of patent lawsuits is on the rise and patent litigation costs are skyrocketing. This is especially true in the United States where, in 2012, according to a recent study by PricewaterhouseCoopers over 5,000 patent lawsuits – an all-time record – were filed, each costing on average around US$2.8 million. Within this setting, companies should not underestimate the importance of using simple, clear and precise illustrations, not only to enhance their chances of obtaining a patent in the first place, but more importantly to defend their rights in the event of litigation.
You can read the article, which links to Bernadette's earlier WIPO Magazine article "Better Drawings Make a Better Patent", in full here.  Its principal relevance is to the United States, in respect of which the article refers to the US's design patents as well as the conventional sort, but the essential message is that, the more clearly an invention is described, the less room there is for uncertainty, ambiguity and mistake, and that an accurate depiction is likely to help achieve that end.

1 comment:

MaxVal-IP said...

Being compliant with the Patent drawing guidelines
and writing clear claims are the crucial parts of a patent application. This would solve most of the questions during examination or even if any infringement
filed in future.