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ARTICLE · 05 APRIL 2014

Researchers’ Guide To Deciphering Patents

Researchers often find the first patents they read to be a mutant hybrid of science and law.

CanadaIntellectual Property

Researchers often find the first patents they read to be a mutant hybrid of science and law. The writing style is bold and broadly assertive, not the conservative style of top journals.  The format, the drawings and the repeated use of "comprising" wording seem to be an ugly stepchild of conventional scientific literature. This article will provide a navigation guide for those new to patents. 

To appreciate a patent, you need to keep in mind its purpose. The patent application discloses an invention and requests a 20 year exclusive right to make, use and sell that invention.

The patent notifies the public of the granted scope of exclusivity following adversarial negotiations (examination) with the patent office.  The patent application must disclose an invention that is novel, inventive and useful.  It is written by the applicant to support the requested scope of monopoly - ideally no more detail than necessary and no less.  It is a race to get to the patent office

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