Forum Discussion
Ron_Gratz
May 23, 2005Explorer
Stressor wrote:
...Do not misunderstand what the patent document states, and do not assume that a patent document is intended to be a straight forward explanation of how something works. If this were true, engineers would do the interpreting, not patent lawyers.
Milt, actually, they usually are both attorneys and engineers. During the three years I served on the Patent & Licensing Committee of our R&D Department, I had the pleasure of working with several very capable patent attorneys all of whom also had engineering degrees.
When a patent application dealt with a primarily mechanical invention, it was assigned to an attorney with a mechanical engineering degree. And, when the patent application was sent to the US Patent Office, it most likely was assigned to a reviewer who was a mechanical engineer.
It is the job of the patent attorney to ensure that the patent application presents a highly detailed and accurate description of the invention. A patent application contains a myriad of claims designed to define the uniqueness of the invention. The attorney, working closely with the inventor, will try to include every single claim that they believe will be accepted by the reviewer. If the person(s) who prepared the Hensley Hitch application believed they could substantiate the claim that the HA makes the combo "think" and "act" like a straight truck, they would have included it. If there is any important aspect of the operation of the device that is not included in the patent application, then the patent attorneys and the inventors are not doing their jobs.
Ron
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