Drafting tips: claiming an invention’s essence

Case #11 - Laundry without a twist

This idea raises the importance of defining the invention as something beyond what you see.

Many complex systems have spontaneously self-assembling elements. Examples include: proteins and lipids that self-spontaneously self-assemble into primitive life; gas clouds that self-assemble into stars and galaxies; and contoured bed sheets, that self-assemble with pillowcases in the dryer to form wet wads that resist further drying.

This invention suppresses self-assembly of bedding. It does so by holding a sheet’s corners close enough to form a bag whose opening is too small to entrap unwary pillowcases as they all frolic in the dryer.

You could easily use words to paint exactly what you see: a plate with fastening points for the sheet’s corners. But the underlying idea is broader. When drafting claims, a little imagination is in order so you don’t overlook opportunities for broadening.

For one thing, the plate could be curved instead of flat. The fastening points don’t even have to be on the same plate. For instance, you could have four plates, each with one fastening point, all held together by a cord. This would do the same thing but maybe wouldn’t be as noisy in the dryer.

The trick is to stop thinking of what you see as “the invention.” Instead, think of it as an ambassador from the world where inventions live, or in patentese, “an embodiment” of the invention. Then draft a claim that covers the essence of the invention, and not just the embodiments that you see.

Disclaimer:

The O&R “Is it patentable?” blog is educational and provides general information about patent law.  It provides no legal advice or conclusions.  O&R uses publicly available information about the products described in these posts and has no relationship with the manufacturers, sellers, or distributors of these products.  Reading this blog and participating in voting on the case studies does not create an attorney-client relationship between the reader and O&R.

Tino Lichauco

Tino is a patent attorney at O&R Patent Law. He believes that a good patent needs a punchline.

https://www.orpatent.com/fal
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Drafting tips: Patenting two-of-a-kind if one-of-a-kind is known

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