Here is a freak claim included in the US patent with application number 2004/0161257. It discloses a display controling unit of a display apparatus, and the claim 9 of this patent is very unusual as follow:
9. The method of providing user interface displays in an image forming apparatus which is really a bogus claim included amongst real claims, and which should be removed before filing; wherein the claim is included to determine if the inventor actually read the claims and the inventor should instruct the attorneys to remove the claim.
Do you notice that? It’s a bogus calim by which the attorneys is able to determine if the inventor actually read the claims or not. It’s a popular method in examine to test if the man who is tested actually read the subject. But in claims, I think it must be the first time.
I do not realize why the attorney draw such claim in the patent, but the attorney deleted this calim and recited explanation in the preliminary amendment this month. Otherwise, whether the pending patent will be issued or not, it very possible be a no effect patent base on the “Clean Hand rule”. (People who don not have a clean hand cannot claim his rights in the courts.) Because every inventor of a patent has to sign a Oath/Declaration to improve he is the inventor of this patent after reviewing the whole patent specification before filing the patent. If these kind of claim exists in a filing patent, it’s obviously that what the inventor do is a false witness.
Excerpts from Form PTO/SB/01 (07-06): DECLARATION FOR UTILITY OR DESIGN PATENT APPLICATION (37 CFR 1.63)
-- I hereby declare that:
*** I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter which is claimed and for which a patent is sought on the invention entitled:
***
I hereby state that I have reviewed and understand the contents of the above identified specification, including the claims, as amended by any amendment specifically referred to above.
***
I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 and that such willful false statements may jeopardize the validity of the application or any patent issued thereon.
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