InvestorsHub Logo
Followers 10
Posts 4220
Boards Moderated 0
Alias Born 07/10/2003

Re: loch3 post# 22197

Tuesday, 03/01/2005 3:44:23 PM

Tuesday, March 01, 2005 3:44:23 PM

Post# of 82595
Well that's too open ended of a question to answer with any detail, I'm not going to research every patent application.

I will make a couple of predictions however, based on my own experience with the patent office.

To start with, a little background on the process.

If you have ever read through a patent you will notice that it has a couple of sections. In the front is some exposition of the concept including background on the state of the industry and the benefit of the invention. It also describes the invention and includes any technical drawings. The last section includes the claims. There are usually a number of claims related to all aspects of the invention, some are quite broad in scope and others are very specific and detailed. While it is usually the first sections that readers concentrate on when studying patents, it is the claims that are the actual heart of the document. ONLY the claims are approved or denied and only the claims can be enforced.

When writing up a patent application, the patent attorney will make sure that the claims cover every aspect of the invention and will even 'push' the envelope a little in order to stake out as much intellectual real estate as possible. For this reason almost all patents applications have some claims that are denied for exceeding the scope of the patent or for infringing on other IP.

On the other hand since there are so many claims ranging from broad general concepts to minute details there are rarely any patents that can't have some approvable claims.

Given this process, it is reasonable to assume that most of the DNAP patent applications will have claims that are rejected by the patent office but that most will also survive at some diminished level.

There is a belief structure among many here that approved patents will provide some level of financial benefit to the company, and the possibility certainly exists. What people should be aware of, regarding intellectual property, is that approved patents are much more beneficial in protecting ones own products from infringement claims than they are in licensing technology to others. Over 90% of all issued patents do not return the costs of even filing the patent let alone providing any additional value.

So while many of the patent applications WILL most likely be approved (although in a diminished form) they may not provide the financial boost that is expected.

regards,
frog