Taking the time to carefully draft claims with an eye toward potential infringement scenarios, minimizing prosecution history, and ensuring clarity in claim language can save significant time, money, and effort in the long run.
The careful use of language is a crucial aspect of patent drafting. A frequent pitfall is the use of the phrase "present invention" in patent specifications, which can unintentionally limit the scope of claims.
Definitions should be used sparingly and only when essential to clarify the invention. Over-defining terms can lead to restrictive interpretations during litigation, harming the patentee's position.
The Background of the Invention section can be a double-edged sword. While providing context is important, a lengthy background can inadvertently admit prior art that may be detrimental in litigation.
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