Ask any client what he or she expects from the lawyers who are handling his or her work, and invariably the answer you receive is that the work must possess “quality.” Everyone wants to know that when they purchase legal services, they will get quality in return. But in the patent realm, what does it mean for a patent to have quality?
The U.S. Patent and Trademark Office has explained that a patent has quality when the patent meets the statutory requirements of patentability. That, however, is only part of the story because in addition to meeting the statutory requirements, a patent should be drafted with claims that can be successfully asserted against a potential infringer. That may not be an easy goal to accomplish. Yet, that is the objective that should be sought when obtaining patent protection.
Meeting the Statutory Requirements
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