The Problem with «Include»
Imagine you are working on an invention related to Navigation, where a user’s phone needs to transmit its location to a server. Many patent attorneys might draft a claim that reads: «transmit a message that includes a location.» At first glance, this seems straightforward. However, the problem arises when «include» suggests packaging or containing something tangible.
Why «Include» Falls Short
A location isn’t a physical entity that can be packaged and sent. Your phone can’t transmit your office space to a server. Instead, what’s being transmitted is data that represents or references that location. Using «include» in this context implies the impossible—transmitting a physical place.
Correcting the Mistake
To fix this issue, you can use two powerful words: «indicate» and «identify.» These words help clarify that the message contains a reference to the location rather than the location itself. Here are some corrected versions of the claim:
Transmit a message that identifies the location.
Transmit a message that indicates the location.
Transmit a location identifier.
Transmit an indication of the location.
Each of these alternatives clearly conveys that the message contains a reference to the location, which is a piece of data that can be transmitted.
Why Precision Matters
Using precise language in patent claims is essential for several reasons:
Clarity: Clear and unambiguous claims reduce the risk of misinterpretation by examiners, competitors, and courts.
Scope: Accurate claims ensure that the scope of protection is correctly defined, preventing others from infringing on your invention.
Enforceability: Well-drafted claims are easier to enforce in legal proceedings, providing stronger protection for your intellectual property.
Conclusion
The next time you are describing a message, information, or data that includes something, take a moment to verify whether that thing can actually be included in the message. If it cannot, use the words «identify» or «indicate» to describe the data more accurately. By doing so, you can ensure that your patent claims are clear, precise, and legally robust.
By avoiding common mistakes and using precise language, you can strengthen your patent applications and better protect your inventions.
