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July 20, 2023
John Rizvi, Esq.

Can a Patent Application Be Denied or Invalidated for Using Abstract or Generic Language?

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Are you saying that the patent will use generic verbiage such as digital storage instead of USB drive? Can a patent be thrown out declined and validated for being too vague or abstract by using this type of verbiage. So the beauty of a patent is that if you think of every claim patents have claims, every claim you can think of as a in your patent. So yes, if the first and every separate bullet has to miss in order for your patent to be invalidated. So if first one I use broad claims, and in the first device, if I say, means for recording data, and somehow that's seen as being too broad, and that is not seen as being unique enough that one claim would be invalidated. When at my law firm, we always file at least 20 claims with every patent. So think of Miss 20 bullets. Yeah, so the first bullet misses. But now you get a second bullet. And if the second bullet misses, you get a third bullet, a fourth, a fifth 678-910-1120 bullets, so only if you're too broad and all 20 Would your patent be invalidated? That's a good patent attorney. Just like a good marksman. If you missed 20 times that something is wrong. You got it. You just don't have the right aim. So that's that's my view on that IP patent should not be invalidated. If the attorney is experienced in software patents and protects it the right way.

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