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Faber on Mechanics Patent Claim Drafting, by Robert C. Faber
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More patent applications are rejected because of claim-drafting flaws than because of problems with inventions. A trusted working tool for more than two decades, PLI s Faber on Mechanics of Patent Claim Drafting gives you the clear and complete guidance you need to draft foolproof claims for any type of invention. Faber on Mechanics of Patent Claim Drafting spotlights proven claim-drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, timesaving handbook offers you start-to-finish directions on how to craft claims for different types of inventions; real-world examples of effective claim drafting; insight into the accepted words and phrases you should use in specific drafting situations; instruction on how to describe structures in the drawings; and numerous tips on how to avoid common claim-drafting mistakes. Included are helpful glossaries of patent terms and the mechanical terms used in drawings. Updated at least annually, Faber on Mechanics of Patent Claim Drafting is an indispensable guide for patent specialists and other intellectual property attorneys, corporate counsel, non-specialists who represent inventors, patent officials, and inventors.
- Sales Rank: #1979814 in Books
- Published on: 2010-08-06
- Original language: English
- Number of items: 1
- Dimensions: 2.70" h x 7.60" w x 9.80" l, 4.70 pounds
- Binding: Ring-bound
- 900 pages
Review
Bob Faber is the guru in the claim drafting area. ----Jack A. O Brien, Law Offices of Jack A. O Brien, P.C
This work must be included in the library of anyone who considers himself or herself an attorney [in the field]. ----The Licensing Journal
About the Author
An intellectual property attorney for more than 40 years, Robert C. Faber is a Partner at the New York City intellectual property law firm of Ostrolenk Faber LLP.
Most helpful customer reviews
13 of 13 people found the following review helpful.
Expected the gold standard
By Mitch Jensen
This book is supposed to be the gold standard for patent claims drafting. I expected it to be current and up to date, since they supposedly issue frequent updates to cover procedural or legislative changes.
Overall I am extremely disappointed; the disappointment worsened by my very high expectations before receiving this book. The book appears as if most parts were written 20 years ago. There is frequent reference to claims writing in the patent agent exam, and parts of the book seems to be written as a form of test prep for the exam. It is many years since they stopped testing claims writing in the USPTO registration exam. About 45% of the book is taken up by 33 test cases, a selection of contents from title 35 of US Code (the patent law), and the USPTO rules and procedures. The cases are almost absurd in a book published in 2012. They all originate from USPTO examinations from the early 1960's, and the content is drawn from patents that are much older. One of these discloses a horse propelled sowing device invented by George Washington... Of course there are general principles covered, and many teaching objectives are not necessarily negatively affected by using almost ancient subject matter, but considering the many concerns particular to modern patent law, such as for example arising from software and business method patents, the outdated case content is remarkable. It also just generally indicates that there has been no serious attempt at making this work fully relevant to the modern age. In general the cases are short, not instructive, seem incomplete to the scope of the subject, and fail to comprehensively teach principles of claim writing. The legislation excerpts are completely useless. Anyone who reads this book would have passed the USPTO patent bar, should know the USPTO MPEP intimately, and probably already has a full copy covering all legislation, and all rules and procedures. This contents, about 20% of the book, is essentially filler.
You end up with a brick of a book where almost 50% is close to useless, and the remaining 50% is flawed and in parts outdated. There are of course parts that cover critical and even modern understanding of patent claim drafting, but paying $365 for what perhaps ends up being 50 pages of highly useful guidance seems excessive. My end impression is that this book was perhaps once quite excellent, but has long since passed its expiration date. A complete overhaul is warranted; which perhaps even should include a reconsideration of the premise of discussing the drafting of the claims in a vacuum, without a parallel analysis of the contents of the application in its entirety.
Normally I would immediately try to resell this book. It keeps its value well from what I can see on Ebay. As it is, every patent attorney and agent is supposed to have this book on the shelf, and consequently I will keep mine. I think it will mostly stay on the shelf.
The other book every patent practitioner should own is: "How to write a Patent Application" by Jeff Sheldon. This book is excellent and tremendously useful.
11 of 11 people found the following review helpful.
KINDLE BUYER BEWARE!
By DoctorJohn
Kindle buyers beware! The update service where PLI sends down changes to these books as the law changes over time is not available on the Kindle. Every time there is a change sent out to hard-copy owners of these and other PLI references if you bought it on the Kindle you are required to purchase the full price title all over again. This effectively triples or quadruples the cost of ownership for some PLI titles like this one and How to Draft a Patent Application by Shelton.
PLI is working on a way to electronically provide the subscription service required to keep these legal references up to date, but for now you're looking at re-purchasing them as much as several times a year at full price!!!
4 of 4 people found the following review helpful.
Patent Claim Drafting
By James L. Saikin
Faber does a magnificent job of laying out the steps of good solid claim drafting. While this book is no substitute for the knowledge gleaned from working with a good patent attorney, it does provide excellent guidance. Faber's style is easy to read, his examples are reasonably related to the issues under discussion in each chapter and his citations are meaningful. His opinions are well founded, for instance on 4-33 when referencing the Schrader Court, Faber suggests that under the present State Street Bank case, In Re Schrader's formerly non-statutory process claim would be held statutory. I would tend to agree.
Faber's book is an excellent desk book and well worth the price. In fact, I use it often as a check on my own work and I believe that this book sharpens my writing skills. Further, I believe this book provides insight for better and more consistent specification and description drafting. Great Work!
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