The «Inclusion» Error: A Closer Look
Imagine you’re working on a patent application for a revolutionary new fitness tracker. The device collects data on the user’s physical activity and transmits it to a remote server for analysis. In describing this process, you might be tempted to write something like: «The fitness tracker sends a signal that includes the user’s exercise routine.» However, this statement is problematic. An exercise routine is an abstract concept, a series of physical actions performed by the user. It cannot be literally included in a signal.
This is an example of the «inclusion» error. By claiming that a message or data contains something that it cannot, you risk rendering your patent application inaccurate, unclear, or even invalid.
Why This Error Matters
The «inclusion» error can have serious consequences for patent applicants. If a patent claim is deemed unclear or inaccurate, it may be rejected by the patent office or, worse, invalidated in court. This can result in significant financial losses and undermine the value of your intellectual property.
Avoiding the Pitfall: Alternative Phrasings
Fortunately, there are ways to avoid the «inclusion» error. By using more precise language, you can ensure that your patent application accurately describes your invention. Here are some alternative phrasings to consider:
— Instead of «includes,» use verbs like represents, describes, specifies, or indicates. For example: «The fitness tracker sends a signal that represents the user’s exercise routine.»
— Use nouns like identifier, indicator, or representation to describe the data being transmitted. For example: «The fitness tracker sends a representation of the user’s exercise routine to the remote server.»
— Be explicit about the relationship between the data and the thing it describes. For example: «The fitness tracker sends data that corresponds to the user’s exercise routine.»
Examples and Illustrations
To drive the point home, let’s consider a few more examples:
— A patent application for a smart thermostat might claim that the device «sends a message that includes the temperature of the room.» However, the temperature is a physical property that cannot be included in a message. A more accurate statement might be: «The smart thermostat sends a message that indicates the temperature of the room.»
— A patent application for a medical device might claim that the device «transmits data that includes the patient’s diagnosis.» However, a diagnosis is a complex medical conclusion that cannot be reduced to a simple data transmission. A more accurate statement might be: «The medical device transmits data that represents the patient’s physiological parameters, which can be used to support a diagnosis.»
Conclusion
The «inclusion» error is a common pitfall in patent applications, but it can be avoided with careful attention to language and phrasing. By using more precise verbs and nouns, and being explicit about the relationships between data and the things they describe, you can ensure that your patent application accurately and clearly describes your invention. Remember: clarity and accuracy are keys to a successful patent application.
