Anything Under the Sun Made By Man: MindJet Mapping Applied to Patent Drafting

Part of the shwag that I brought home from BlawgThink 2005 was a license to MindJet MindManager software. This is a graphical brainstorming and information management tool that is particularly adapted to techniques I have been using on paper for a long time.

I have recently begun a series of patent applications for a client who is really hitting their stride. The client is one of the most sophisticated clients I have, and is able to knowledgably discuss nuances of claim drafting and patent strategy, as well as how to isolate and describe independently patentable ideas. While this seems trivial, many clients do not have the experience, knowledge, or personality for those types of discussions. This client is exceptionally gifted.

After an initial talk and brainstorm, we defined a half dozen or so ideas that would be worth pursuing. I began drafting ‘claims’ using MindJet, building a spider diagram having each element of the claim as a separate subcategory from the claim category. In developing the major claim elements, I was forced to evaluate each element separately to make sure it stood on its own, related to the other elements appropriately, and was properly worded.

After each element was defined, I used MindJet to create subcategories for each element. The subcategories explained each element in more detail and gave examples of the element. Some of the subcategories were identified as dependent claims, while others were support or examples that would be used in the written specification.

I met with the client about half way through the process to review the mind map of each patentable idea, before the map was fully fleshed out. We walked through the overall structure of the claim to make sure it fit the business objective of the client’s company and emphasized the proper inventive concept. We discussed each element and each subcategory in more detail, brainstorming every possible option for the element or subcategory, and messaging the ideas as we went. In some cases, we needed to recategorize groups because patterns emerged and generalized terms could be used to describe the elements.

This process produced a set of claims that are very well organized, broadly but accurately defined, and exceptionally well supported with examples and alternatives. This is a process that I will be using for all future patent applications, but especially in reviewing claims with some of my more knowledgable clients.

Posted by krajec on November 20, 2005 07:09 AM to Anything Under the Sun Made By Man
Copyright 2005, Russell Krajec. All Rights Reserved.