Friday, May 18
Well, some patents are light weight and can be “blown away” by the slightest breeze. In other words, the claims in the patent have miniscule value.
Among some patent practitioners, the joke is that if a patent claim can be covered with two fingers, the probability of the Patent Examiner allowing it is close to zero (however, if it is allowed, it could be very commercially valuable). On the contrary, if a patent claim requires two hands to cover, the probability of allowance is very high (but the enforcement value of that claim is probably zero).
That being said, a “picture claim” that describes in tremendous detail the elements of the claimed invention and requires three or more hands to cover, can be very useful in your patent strategy.
Not all claims are created equal, their utility depends on your patent strategy.
If you don’t have a patent strategy your allowed claims might be so lightweight that investors or licensees might run, not walk, away from the negotiating table.
Find out more about patents from the Patents & More Blog by Ron Reardon, Patents & More, Inc. http://patentsandmore.com/blog/