Friday, March 5, 2021
Word choice can make or break a U.S. patent. This is especially true with regard to the specification and the language used during prosecution of a patent. Moreover, language that might be innocuous or even favored in one jurisdiction may spell doom in another.
A key to patent drafting for U.S. patent applications may be balanced; there are no “one size fits all” patents, and patent owners should utilize a balance to establish a basis for the desired claim scope in multiple jurisdictions. One important area to keep in mind while drafting a U.S. patent application is to avoid patent profanity but to position the application, through well-chosen alternatives, to shine in multiple jurisdictions, particularly the U.S. and Europe.