Intellectual Property: Patent Law Imagine that you have recently invented the rainbow slinky pictured here. In this hypothetical, no slinky existed prior to your invention.
Intellectual Property: Patent Law
Imagine that you have recently invented the rainbow slinky pictured here. In this hypothetical, no slinky existed prior to your invention. Keep in mind that a slinky is a toy that entertains a child by allowing him/her to easily expand and contract coils and move them around. This one is rainbow colored.
Your task is to draft three patent claims to cover your invention. Please make sure to follow the standard format of a claim (X comprising/consisting of Y element(s)).
- Claim 1 is to be the broadest claim you can draft while maintaining sufficient disclosure to allow a PHOSITA to manufacture the claimed invention. For this question, your claim should be broad enough that at least some variants of the rainbow slinky may be covered.
- Consider a scenario in which the only prior art is an inflexible, grey coil. Please draft claim 2 in a way that is broad, but likely to be valid under 102 (novelty requirement) and 103 (non-obviousness requirement), as well as under 112 (fully and appropriately described).
- Claim 3 is a "failsafe" claim: draft a narrow claim you are SURE will be held to be valid under 102, 103, and 112. For this question, it is acceptable to draft a claim such that only the rainbow slinky pictured will be covered.
(note: this is not for a grade, this is not for check in, this is for your own benefit. If you didn't ask questions during class, I won't answer your questions now)
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