Why Patent Examiner Interviews Should Be Recorded

Many critics have said the current patent process often fails to perform one of its basic functions, as defined by both common sense and statute: to state clearly what the inventor considers the invention to be. Bernard Chao, Assistant Professor at the University of Denver’s Sturm College of Law, notes that two promising reforms have been suggested: discouraging so-called “functional” claims, with their uncertain boundaries, and requiring patent attorneys to include a glossary of technical terms relevant to the invention as part of their application. He proposes a third, and says that a common argument against it doesn’t hold up. “If a patent attorney is unwilling to make a statement on the record,” he asks, “why should the patent office allow the claims?”