Drafting tips: The advantage of modesty

Case #8 - KEVLAR belt

It’s natural to be proud of your invention.

And so, in a patent application, it’s hard to resist expounding on how it solves some problem.

But this can backfire.

Consider this Kevlar belt. When thinking of “Kevlar” and “Clothing,” the mind naturally turns to bulletproofing. But why would anyone want a bulletproof belt?

But the problem being solved here isn’t the obvious one: personal protection. The Kevlar’s role is to turn this belt into a corset. As one’s girth expands, a normal belt stretches a bit. This one can’t. It always stays in shape, even if one can’t do the same.

So part of the invention amounts to recognizing the problem in the first place.

If your application dwells on the problem too much, it makes it easier for an examiner to think of the solution in hindsight. In this case, the examiner might start thinking about corsets with wires in them. The examiner could then use your own reasoning to say that it’s obvious to put wires in a belt.

There’s obviously some tension here.

A PTO rule says you have to disclose information that you think is material to patentability. But the statute that goes with it says that patentability doesn’t depend on how you thought up the invention.

So, if seeing a corset led to your “Aha” moment, there’s a contest between the statute and the rule. But when playing legal rock/paper/scissors, statutes can beat rules.

You be the examiner. Is it patentable?

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.