What are the consequences of a poorly drafted patent?
Minneapolis patent attorney Suneel Arora of Schwegman Lundberg & Woessner explains possible outcomes of a poorly drafted patent.
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So, one of the consequences of having a poorly drafted patent, or a portfolio of poorly drafted patents, is you will have these assets that you’re scared to enforce. You maybe have limitations that are difficult to read onto an accused product, so your claims are too narrow because you didn’t give proper attention to how you were claiming the invention. And you may have claims that are too broad, so you have a nice, broad claim that facially looks like it reads on the accused product, but you’ve become aware of prior art that would really render that claim invalid, and so you’re reluctant to go through the expense of litigation when you have a claim that you just don’t have a good belief in its validity.