Related:
When I was practicing patent law with Schnader Harrison and then Duane Morris in Philadelphia, I was Editor-in-Chief/Founding member, PBA IP Law Section [archived] Newsletter, 1997–98.1 In one issue (PBA IP Law Newsletter (Summer 1998)), I posted this:
Just Wondering…
Anyone willing to risk their PTO registration number may be able to find out how an Examiner would handle this claim [in a patent application]:
“1. A method for obtaining a patent, comprising the steps of:
(a) writing a self-referential patent claim to confuse the Examiner, wherein the self-referential patent claim comprises Claim 1 of the present application; and
(b) convincing the Examiner to allow the patent claim by including within clause (b) of said claim one of confusing, self-referential reasoning and an implicit threat to harm the Examiner if the Examiner does not allow the patent claims.”
How about including the following clause in a patent specification to help decrease an enablement or best mode rejection:
“Reference is hereby made to the text of every U.S. patent ever issued, the entirety of each of which is incorporated by reference herein.”
—Submitted by N. Stephan Kinsella
- See also “Is Intellectual Property Legitimate?“, Pennsylvania Bar Association Intellectual Property Newsletter 1 (Winter 1998): 3; republished in the Federalist Society’s Intellectual Property Practice Group Newsletter, vol. 3, Issue 3 (Winter 2000) [Audio: KOL445]. [↩]
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