Multiple Patent Drafters Can Make a Better Patent Application

Patent application drafting is a difficult task, as discussed previously. Many have tried to commoditize, outsource, or otherwise lessen the importance of the craft of drafting the specification; but invariably such attempts only end up confirming the importance of expert drafting.

Traditionally, patent application drafting is handled by a single patent attorney working with the inventors. Such a model is tried and true. In this approach, it can be difficult for the drafter to sufficiently consider alternative approaches, extensions, potential pitfalls with language, etc., due to time and budget pressures. Having a second set of expert patent drafting eyes can therefore be extremely beneficial, but of course this further increases costs in a market where cost pressures abound.

Nevertheless, finding a way to have multiple drafters at least contribute in some way to an application can pay long term dividends. Consider having a primary drafter and one or more additional sets of eyes, maybe with each set of eyes having a different focus. Because these extra sets of eyes are not burdened with the trials and tribulations of putting together the baseline application, they are more able to let their minds expand in certain directions, and further may be better able to spot potential pitfalls. These extra eyes can be like decorators putting on the ornaments after a Christmas tree is already up with lights. They can think of extensions of the invention, alternative language to express the various concepts at higher and lower degrees of abstraction, or identify where language may be unintentionally unclear or open to improper interpretations (by mischievous patent examiners and/or cunning infringers).

Experience has shown that in the end what makes a difference in allowance or infringement (or non-infringement) of a patent seldom turns on the issues on which the patent drafter initially focused. The more a patent application can be drafted to retain flexibility and present different approaches, the more valuable it may be in the end.