Bulletproof Patents by Feroz Ali
Hi. I'm Feroz Ali, a lawyer, an author and a professor who specializes in patent law. My books include The Law of Patents, The Touchstone Effect (on the impact of pre-grant opposition on patents) and The Access Regime (my doctoral thesis at Duke University on patent law reforms). I teach Patent Law for Engineers and Scientists and Patent Drafting for Beginners to thousands of students every year.
In the world of patents—where the lines between prosecution and enforcement are sharply drawn—I forged an ambidextrous career spanning both realms. I spent a good part of my early career challenging patents and scrutinizing the faults in their creation. Then, by a twist of fate, I transitioned into teaching others how to draft robust patents. (For more details, see Bulletproof Patents - The Origin Story)
My fascination with the history of patent law has led me to a striking realization on how changes in technology can change the patent system. Whenever the technology used to represent inventions at the patent office evolves, it reshapes how patents are both created and prosecuted. We saw this in the past with miniature models and written specifications. We will soon witness the change with new technologies like AI and blockchain. (For details, see my papers Digitalised Invention, Decentralised Patent System and How Generative AI is Reforming IP.
In a world defined by relentless change driven by rapidly evolving technologies, traditional approaches to teaching patent law—through books and courses—simply won't cut it.
Hence, this newsletter, Bulletproof Patents.
When can I Expect Bulletproof Patents?
Every Monday.
Why a Substack Newsletter?
Drafting patents is one of the most demanding forms of creative writing where you express ideas in the present, fully aware that they might be challenged in the future. It is also an extremely valuable form of expression that protects an invention for years to come. I am hoping that a long form newsletter circulated to a dedicated audience interested in participating in the conversation, will make the art better. In the past, I have experimented with multiple media formats to teach—blogs, newsletters, ebooks, videos, podcasts, you name it. Substack conveniently combines all these tools in one place.
How can I be a part of the conversation?
In some posts, the comment section will be open allowing you to take the conversation forward. I may reply to your comments or make a separate post on the comment. Subscribe and join the conversation.
Who can Benefit from Bulletproof Patents?
Anyone who is interested in drafting patents—as an inventor, would-be inventor, startup founder, small-business owner or a patent agent who wants to get better at the craft—will benefit from this newsletter. Of course, I will be the biggest beneficiary of what comes out of this exercise, as I hope to push the limits to see how patents can be created and enforced in the age of AI.
What Do We Plan to Cover?
In this newsletter, we will try to cover a framework of three interrelated things that are integral for drafting patents:
Concepts: Understand the concepts in patent law which the patent office checks for as a requirement before granting a patent, i.e., patentability criteria.
Structure: Know how these concepts are mapped and articulated on the different parts of the document that describes the patent, i.e., patent specification.
Pitch: Present the invention as a solution to an unsolved problem, i.e., problem-solution approach.
FAQ
1. What is a bulletproof patent? And why should I be interested in it?
A. A bulletproof patent is a patent that is so clearly and comprehensively drafted that they protect the invention’s unique value, satisfies all the requirements and preempts potential objections from the start. Patent prosecution is like a bullet-dodging exercise—your patent must fend off attacks not only from the patent office but also from third parties. Our motto is: Don't Dodge Bullets, be Bulletproof. Subscribing to this newsletter, you’ll be able to draft a “bulletproof” patent—one that protects the unique value in your invention, addresses all the requirements and preempts office objections saving you time and money.
2. Can anyone draft a bulletproof patent?
A. If you can invent it, you can draft it. One of the purposes behind this newsletter is to study the impact of AI-enabled tools on patent drafting, with the help of which, I think, anyone can draft bulletproof patents.
3. Are these principles and techniques particular to any country or are they universally applicable?
A. The principles of drafting patents are the same everywhere. This is borne out by the fact that we have a Patent Cooperation Treaty which allows you to file in one country and extend that application to other member countries.
4. What about the legal complexity involved in drafting patents?
A. Theoretically, it is possible to draft a 'perfect' patent that can be granted without the patent office raising any objections. Much of what you will see once you subscribe to this newsletter is how to achieve that state which requires minimal or no effort in prosecuting patents.
5. Do I need to be a patent agent to draft a patent?
A. No, you don't need to be a patent agent to draft or file a patent. Many jurisdictions allow inventors to draft, file and prosecute patents. For e.g., the USPTO allows applicants to file applications pro se (Latin term meaning "for oneself"). A good number of my students have gone to clear the patent agent exam, which is a great career choice, if you ask me.
6. Is it possible to identify and address every possible office objection before they arise?
A. A patent needs to satisfy two types of requirements: internal and external. With regard to the internal requirements (such as enabling disclosure, written description, sufficiency of claims, best mode, antecedent basis etc), a good software can most certainly catch them and correct them. With regard to the external requirements (such as novelty and inventive step), the better AI-enabled search gets, the closer we will be to anticipate and address such objections. AI-enabled tools on patent drafting and prior art search may bring us close to the ideal state of anticipating all objections.
7. What are the common mistakes involved in drafting patents?
A. As mentioned in the earlier response, much of the mistakes come from not complying with the internal and external requirements. We hope to cover them in the newsletter. So, subscribe and stay informed.
8.What is the best approach in using AI for drafting patents?
A. If you came here looking for some prompts which can miraculously help you to draft bulletproof patent, I am sorry to disappoint you, the answer is no. We are still trying to understand the terrain of using AI for patent drafting and prior art search. Subscribe to the newsletter and join us in the journey to find that out.
