PATENT APPLICATION TEMPLATE, FLOW CHART

PATENT APPLICATION TEMPLATE, FLOW CHART

FIGURE 2 illustrates a method 200 for [[what patent application/invention does]]. The operations of method 200 presented below are intended to be illustrative. In some embodiments, method 200 may be accomplished with one or more additional operations not described, and/or without one or more of the operations discussed. Additionally, the order in which the operations of method 200 are illustrated in FIGURE 2 and described below is not intended to be limiting.

In some embodiments, method 200 may be implemented in one or more processing devices (e.g., a digital processor, an analog processor, a digital circuit designed to process information, an analog circuit designed to process information, a state machine, and/or other mechanisms for electronically processing information). The one or more processing devices may include one or more devices executing some or all of the operations of method 200 in response to instructions stored electronically on an electronic storage medium. The one or more processing devices may include one or more devices configured through hardware, firmware, and/or software to be specifically designed for execution of one or more of the operations of method 200.

At operation 210, [[step 1]]. Operation 210 may be performed by [[a module]] that is the same as or similar to [[module depicted in other FIGURES]], in accordance with one or more implementations.

At operation 220, [step 2]. Operation 220 may be performed by [[a module]] that is the same as or similar to [[module depicted in other FIGURES]], in accordance with one or more implementations.

Repeat

PURPOSE:

The purpose of including flow charts is to show the method of how an invention is performed. By including the method in the patent application, Applicants may be able to differentiate an infringer who performs a method but does not use the hardware. These may lead to broader claims, than system claims.

 

PATENT ATTORNEY – COMMENTS:

1)   When drafting patent claims it is important to have both method claims and system claims. This is because a first infringer may be building the system claims and a second infringer may be using the system claims and may only be infringing on the method claims. For example, in mobile application patent claims, system claims may include operations being performed at a back-end server, infringers providing a mobile application to be used at the end-user device may not use the back-end server (only the phone). Therefore, the infringers providing the mobile application may only be infringing the method claims and not the system claims.

2)   Flow charts in patent applications are a great way for patent attorneys to remind themselves what the patent application is about. Typically, a patent application is looked at by the USPTO 3 years after the patent application is filed. As such, it is likely that the patent attorney has forgotten exactly what the patent application is about. By having a good flow chart in the patent application, the patent attorney may quickly remember what the invention is about.

3)   Flow charts provide literal support for method claims within the body of the application.

4)   Flow charts may be used to determine timing elements of a patent application. Timing is a good way to differentiate an applicant’s invention from the prior art.

By | 2013-07-16T12:41:18+00:00 July 16th, 2013|Template Series|Comments Off on PATENT APPLICATION TEMPLATE, FLOW CHART