How to Draft a Patent

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How To Draft A Patentbrought to you by

Ogilvy Renault LLP

Introduction to Patenting

Joan M. Van Zant

August 1, 2005

Joan M. Van ZantPatent and Trade-mark AgentTorontoMay 7, 2009

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Forms of IP Protection

• Patents• Trade-marks• Industrial Designs• Copyrights• Plant Breeders’ Rights• Integrated Circuit Topographies• Trade Secrets

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Trade-marks

• Common law or registered• Word, Design, Numerals, Symbols or any

combination • Distinguishes wares and/or services • 15 Year Renewable Term

• KLEENEX, COCA COLA, etc.

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Copyrights• Registration not necessary, allows owner to prevent

others from copying work• Literary, artistic, musical & dramatic works,

performances, communication signals & sound recordings

• Work must be original• Either the author must have a certain nationality OR the

work must be first or simultaneously published in a treaty country, regardless of the nationality of the author.

• Term is life of author and 50 years beyond

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Industrial Designs

• Require Registration• 5 year term, renewable for 5 years• Substantially original features of shape,

configuration, pattern, or ornament or any combination thereof

• Features must be applied to a finished article made by hand, machine or tool• chair, spoon, wall paper pattern

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Plant Breeders’ Rights

• Registration required• Protects Reproductive Materials: seeds, cuttings;

bulbs or roots• Prevents repeat use of material to produce other

varieties by others• Prevents use of ornamental plants or parts thereof as

propagating material by others• Vehicle to license others to perform such acts

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Integrated Circuit Topographies

• 3D configurations of electronic circuits embodied in products or layout designs

• Registration requires:• Original Design, 2 year grace period• Applicant must be Canadian or national of eligible country or topography first commercialized in Canada

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Trade Secrets

• Information not readily discernible from public assessment of a product, e.g. chemical process

• Can last forever• Cannot preclude others from using it, if acquired

independently • Prior secret use does not prevent others from

patenting• May be hard to keep secret

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Patents

• Must be obtained• Protects ideas reduced to practical form• Term is 20 years from filing application• Examination process not a registration process• Most expensive IP right to obtain

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What is a Patent?• Monopoly

• Territorial• Granted by government authority• Limited exclusive privilege that the law allows a patentee in his own invention

• Ownership • Natural right arises from production

• Term• Limited period of time, usually 20 years from filing

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Nature Of Patent Right

• Bargain with the state• Inventor gives full disclosure of invention in exchange

for limited period of monopoly• Upon expiration of monopoly, the invention can be

exploited by anyone• Before expiration others have access to information

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Purpose Of Patents

• Patents provide library of organized technical information that others may learn from and improve upon

• Patent system encourages publication of new scientific and engineering work which can be used to inspire, educate, or inform others to make improvements or new developments

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• Patent excludes others from making , using or selling your invention

• Your patent may not allow you to practice the invention defined therein• No guarantee of Freedom to Operate

Purpose Of Patents Cont’d

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Form of Patent Application

A patent application comprises • An Abstract; • A description comprising the following elements

• Title for identification purposes• Field of the Invention which describes the

area(s) to which the invention relates

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Form of Patent Application Cont’d

A description comprising the following elements (cont’d)• Background of the Invention which describes the

related prior art and the problem that is solved with the present invention

• Summary of the Invention which comprises one or more general statements of the invention and usually provides the precise language for the claims

• Detailed Description of the Invention• Specific Embodiments, Examples, and the like

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Form of Patent Application Cont’d

• Claims which distinctly claim the part, improvement or combination of the invention which the applicant regards to be patentable.

• Drawings are included where the description lends itself to them.

• A Sequence Listing is required where the invention relates to genes or fragments thereof

• Deposit of Biological Material may be required to satisfy description requirements

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Filing Application

• Must be filed in timely manner• Before publication or disclosure to the public, or within grace periods or in keeping with International Treaty Requirements

• Government Fees to be paid• Application to conform to required format and content

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Patentable Invention

• New, useful, unobvious• First to invent / first to file• Patentable subject matter

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Patentability Search and Assessment

• Invaluable to avoid re-patenting the wheel• To establish scope of invention• Language of the patent art• Reveal the patent landscape in a particular area• Reveal activities of competitors• Useful information to consider when choosing

countries or regions where protection should be sought if at all

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Statutory Definition of Invention

• Any new and useful art, process, machine, manufacture or composition of matter or any new and useful improvement in any art, process, machine, manufacture or composition of matter.

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Patentability - New

• Not disclosed in writing or in any other form anywhere in the world prior to filing of application by anyone else

• Grace period of one year in Canada for disclosures by applicant or by someone who obtains information directly or indirectly from the applicant

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Disclosure of Invention Before Filing Impact on Patentability

• U.S. one-year grace period for written disclosures published anywhere and for prior sale, offer for sale, prior public use or disclosure

• EP prior public disclosure that makes invention available to the public is deadly and precludes the grant of valid patent rights

• Confidential disclosures are not damaging, usually

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Disclosure of Invention After Filing Impact on Patentability

• Disclosures that take place after filing can cause problems where an improper priority patent application is filed and claims lose entitlement to the priority date

• The subsequent publication can be a bar to valid patent rights when the date is lost

• EPO Board of Appeals and US Courts have made rulings to this effect

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PatentabilityUnobvious

• Invention cannot be apparent to a person skilled in the art who has, not only the benefit of the common general knowledge in the art, but also public documents and disclosures in that art

• Most inventions are improvements• May not be a huge advance in the art• May be pioneer invention• May need to prove value or significance of advance or

unexpected result • Scientific evidence, commercial success• Challenge of the problem,

only solution available

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PatentabilityPatentable Subject Matter

• Patenting Possibilities vary from jurisdiction to jurisdiction

• USA is most open as to subject matter• “Anything new under the sun that is made by man”• Excluded are:

• Abstract ideas, physical phenomena and laws of nature

• mental steps, abstract ideas and many business methods

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Excluded Subject Matter in Canada

• Does not include professional arts• Surgery, division of land• Methods of medical treatment• Use claims can be obtained• Higher life forms• No animals or plant materials

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United StatesExamples of Patentable Subject Matter

• New chemical entities, including new intermediates and in appropriate cases new salts, enantiomers and polymorphs

• Methods of making new compounds• New methods of making old compounds

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• New compositions, possibly containing known compounds but in different dosage amounts or forms

• New methods of treatment, diagnosis etc. using old or new compounds

• New methods of modulating biochemical processes which are carried out in a human, animal or plant


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• New kits for example containing a new combination of materials or of materials and equipment used for diagnosis or treatment

• Newly identified DNA claimed in purified or isolated form. Newly created DNA is treated as a new chemical compound

• New organisms and parts of organisms such as seeds, for example those containing modified DNA

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• New vaccines• New vectors, such as plasmids, new hybridomas and

new antibodies• New research techniques and in some cases at least

the products obtained from using these techniques.


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Value of Patent

• Commercial Tool• To develop or insure market position• To find an investment partner• To license

• To gain access to other technologies• To gain access to other applications• To negotiate exclusive supply arrangements

Thank You

The Patent Application Process

Toronto24-Jan-04

Jung-Kay ChiuLawyer and Patent AgentTorontoMay 6, 2009

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Patent Application Process

Overview1. Application Process in Context 2. Deciding whether to file an application3. Process by Practical Example4. Costs5. Strategies

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Patent Application Process in Context

Cycle of Development

2. DevelopTechnology

4. ExploitIP 1. Develop

Idea

3. ProtectIP

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Patent Application Process in Context

• Patent application process fits within a larger cycle of events in a plan for commercializing technology• Intellectual assets created but how do we take advantage of these assets?

• Formulate an IP strategy

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Whether/How to File…

• There are many factors that may play a role

• Why? Because the costs associated with patent protection and enforcement are significant and patents are territorial.

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Factors to consider when deciding whether to file• Potential commercial life of invention

• Time to patent may exceed commercial life of invention• Filing only preserves your place in line• Right to enforce only on issue of a patent which can take

many years

• Scope of likely patent protection• What is the prior art?

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Whether/How to File…• Simple or complex technology – market lead time

• Simple inventions may not give innovator much market lead time before a competitor can develop the same technology. Patent may issue years after product launch. Will that patent be of value?

• Ability to keep secret – free flow of technical information• Technical personnel move among competitors, “share”

ideas• Private vs. public exploitation (e.g. secret process)

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• Capability to police patent • Litigation may be prohibitively expensive

• State of development of technology• Patent application may be premature – for business and

legal reasons • “sound prediction” - Apotex Inc. v. Wellcome Foundation Ltd.,

[2002] 4 S.C.R. 153, 21 C.P.R. (4th) 499.• Further research may show initial thoughts were incorrect

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• Competitive posture of innovator• How does proposed patent fit in a portfolio and strategy

• Invention modest improvement or pioneering breakthrough• Importance of invention

• Financing/Licensing?• A patent may be necessary to attract $

• Defensive reasons

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Practical exampleYou think you have an invention…what’s next?

1. Identify inventionDiscuss invention with your patent counsel May conduct patentability search

2. Canvas factors to determine whether to file

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Practical example3. Prepare Application

Parts: Background; Summary; Brief Description of the Drawing; Detailed Description; Claims; Abstract; Figures

What do these parts entail? – stay tuned!

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Practical example4. Identify inventor or inventors

Test for inventorship: Who made a contribution to the inventive concept? Apotex Inc. v. Wellcome Foundation Ltd., supra

5. Prepare papers and file application

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Typical Timeline

Months0

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Typical Timeline

Months

(5k-20k)

0

Priority

Application

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Practical example7. Foreign Filing and the Paris Convention:

Paris Convention gives an Applicant 1 year to file one or more corresponding applications and claim a “priority” back to the filing date of the previous application

This relieves the applicant of filing in every country of interest in the first instance

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Typical Timeline

Months

(5k-20k)

0

Priority

Application

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

Months

(5k-20k)(10k)

(2k-5k per)

0 12

Priority

Application

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Practical example7. Foreign Filing and the Patent Cooperation Treaty (PCT)

PCT, the International ApplicationAdministered by the International Bureau at WIPODeemed filing in almost every country in the world

BUT: each filing is not crystallized until national phase entry is requested within 30 months.

à really only a 30 month delay in exchange for $

Why delay? Evaluate market and patentability

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

Months

(5k-20k)(10k)

(2k-5k per)

0 12

Priority

Application

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

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National Entries of PCT Filing

Months

(5k-20k)(10k)

(2k-5k per)

(2k-5k per)

0 12

Priority

Application

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

30


Months

(5k-20k)(10k)

(2k-5k per)

(2k-5k per)

Note: Maintenance fees may be due depending on country

0 12

Priority

Application

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Practical example8. Publication

Applications are laid-open for public inspection after 18 months from the priority date

9. Request Examination?Requests for examination may be deferred up to 5 years from

filingCurrently a delay of between 2-4 years to start examination

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

30


Months

(5k-20k)(10k)

(2k-5k per)

(2k-5k per)


0 12

Priority

Application

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

3018

Publication


Months

(5k-20k)(10k)

(2k-5k per)

(2k-5k per)


0 12

Priority

Application

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Typical Timeline

PARIS CONVENTION

National Filings

and

PCT Filing

3018

Publication


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Months

Deadline to Request Examination in Canada

(5 Years from Filing)

(5k-20k)(10k)

(2k-5k per)

(2k-5k per) (1k)


0 12

Priority

Application

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Practical example10. Prosecution

Examiner reviews application and requisitions compliance with the Patent Act and Patent Rules

Requisition alleging application is not allowable (e.g. not new, not inventive, claims are unclear…etc.)

Applicant responds with arguments and/or amendments

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Amendment is limited: cannot introduce new subject matter

Amendment may broaden or narrow scope of claims

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Patent to issue to a single invention May be required to restrict application to single invention and file one or more divisional applications to additional inventions

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Practical example

11. Allowance and IssuancePay the final fee and get the patent

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Strategies

• Picking where to file:• Your market• Your competitor’s market• Your competitor’s manufacturing facilities• Enforcement potential• Prosecution charges (Budget)

• Deciding how to first file:• Desire for speedy issuance or indication of patentability or

just getting on file to reserve place in line

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Thank You

Application Drafting Considerations

Christopher HunterLawyer, Patent & Trade-mark AgentTorontoMay 6, 2009

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Section 27(3) of Patent Act Canada

The specification of an invention must(a) correctly and fully describe the invention and its operation or use as contemplated by the inventor;

(b) set out clearly the various steps in a process, or the method of constructing, making, compounding or using a machine, manufacture or composition of matter, in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which it pertains, or with which it is most closely connected, to make, construct, compound or use it;

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Section 27(3) of Patent Act CanadaCont’d

(c) in the case of a machine, explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle; and

(d) in the case of a process, explain the necessary sequence, if any, of the various steps, so as to distinguish the invention from other inventions.

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The Real Challenges to Obtaining PatentsMeeting the Specification Requirements

• Written Description• Enablement• Utility

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United StatesWritten Description Requirements

• Is there an actual reduction to practice, i.e. a working example?

• Are there drawings or structural chemical formulae in sufficient detail to show possession (knowledge) of the claimed invention as a whole?

• Are there other identifying characteristics described that show possession (knowledge) of the claimed invention in sufficient detail?

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• Complete structure of a species or embodiment• Other relevant identifying characteristics• Level of skill and knowledge in the art

• Determines what is required• Partial structure


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• Physical and/or chemical properties• Functional characteristics alone

• Usually not acceptable• Functional characteristics coupled with known or disclosed correlation between structure and function and the method of making the claimed invention should suffice


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• Genus – Species• Genus claims may be supported with sufficient description of a representative number of species

• Representative number of species means that species described must be representative of the entire species

• The greater the variation within the genus, then the species description should adequately reflect the variation in the genus


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• Mature technologies vs. Emerging Technologies, an inverse relationship to description requirements

• If knowledge and skill are high, method of making invention and function may be enough

• If knowledge and skill are less established and therefore unpredictable, more evidence is required


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Enablement

• Ensures that public receives its “quid pro quo” for patent grant

• Description must enable person skilled in the art to practice the invention without undue experimentation

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Enablement

• Factors to consider• Quantity of experimentation necessary• Amount of direction and guidance provided• Presence of working examples• Nature of invention• State of prior art• Relative skill of those in art• Predictability of art• Breadth of claims

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Enablement

• Chemical cases historically have never been subjected to requirement of working examples

• Generally genetic engineering cases cannot succeed without working examples

• Prophetic examples have been sanctioned by the courts but must not be written in past tense (Ground for invalidation in the USA)

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• How much disclosure is necessary to support broad claims?

• Fact dependent• Unpredictable factors which are often associated with

chemical reactions and physiological activity raise the threshold compared with other arts such as electronics and mechanics

Enablement

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• Genentech Inc. v. Novo Nordisk A/S • Chemical patent invalid for lack of enabling description for starting materials and conditions to be used

• National Recovery Technologies v. Magnetic Separation Systems

• Invalid claim 1 included step for selecting process signals as pass through irregularities in the bodies of said material items

• Description did not state how to perform step

Enablement

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• Credible• Assertion must have unflawed logic and consistent facts

• Specific• Polynucleotide as gene probe without disclosure of specific DNA target not acceptable

• Substantial• Defines real world use

Utility

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• Used to reject applications and to narrow claims• Claim to piece of DNA may be narrowed to

“consisting of” language from “comprising”• Claims to receptors will be granted only if there is

disclosure of disease or condition associated with the receptor

• Cannot just say receptor binds compounds or makes monoclonal antibodies, actual examples or reference to common general knowledge with general description

Utility

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For Claims to methods of treating disease• Where disease is unspecified, claims are rejected as

too much research is required to determine diseases to be treated

• Where disease is defined by reference to underlying mechanism, must show by literature or evidence that mechanism is associated with disease

Utility

Thank You

Paul FieldLawyer, EngineerPatent & TM AgentTorontoFebruary 23, 2008

Functional Approach to Claim Drafting

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Functional Approach

• Applicable to mechanical devices• Complex mechanisms break down into a large

number of simple components working together• Each component performs an identifiable function• Each component is connected or engages at least

one other component• Capture the essence of that function in the least

possible number of words• Try “means for function” thought process to open up

alternatives

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Breaking Writer’s Block

• Have a Method• Accumulate Information with an Open Mind• Organize Thoughts Loosely on Scrap Paper• Accept Trial & Error as a Legitimate Process• Commit to Paper using Commonly Accepted Claim

Formats• Test Your Assumptions – Edit on Paper – Redraft

Test – Edit – Redraft ………then stop

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Have a Method

• Copy from others shamelessly• Organize thought process on paper• Use rough lists, bubble diagrams, flow charts• Move from general concept to detailed features

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Accumulate Information with an Open Mind

• Interview the inventors• Become familiar with the Prior Art• Beware of locking onto concepts too early• Visualize the mechanism exploded, floating in space,

then examine interactions• Review from the perspective of an infringer or a

judge

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Organize Thoughts Loosely on Scrap Paper

• List components • List advantages over prior art • Bubble diagrams – Flow Chart• Sketch draft drawings• Decide if parts are “essential” or “optional”• Visualize the invention with a part missing to see if it

is essential or optional

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Accept Trial & Error as a Legitimate Thought Process• Misconception of inefficiency• Process accounts for multiple priorities, conflicting

issues, opposing viewpoints, satisfies multiple conditions and concludes with a less than perfect solution

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Conditions to be Satisfied By Patent Claims

• Claims supported by description• Consistent terms used throughout• Logical sequence (antecedents)• All essential elements included (operative)• Claims are not greater than the invention made and

described

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Conditions to be Satisfied By Patent Claims

• Includes all known equivalents• Includes all embodiments with broad language• Not too limiting (less than the invention)• Not overly verbose (less is more)• Addressed to one skilled in the art• Addressed to a judge (not technical)

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Use Commonly Accepted Patent Claim Format1. A (name), for (optional preamble describing background),

comprising:element A, where A has sub-elements and/or limitations;

element B, connected to A, where B has sub-elements and/or limitations; and

element C, connected to A and/or B, where C has sub-elements and/or limitations.

2. A (name) according to claim 1 wherein:element C has more sub-elements or limitations

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Functional Terms

• Function is often inherent in the words chosen ( a blade, a valve, a fastener, a conveyor, a frame)

• Function may be specifically recited to cover many equivalent elements (biasing means, extending from biasing means, extending from the jam to the door, for urging the door to a closed the jam to the door, for urging the door to a closed position)position)

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Clarity

• Format, punctuation, commas divide the claim into digestible pieces

• Say one thing at a time, fully complete• Repeat for clarity (ex: therein vs. in the A;

therebetween vs. between A and B)• Use “the” not “said”

www.zamboni.com

Zamboni™ Ice Resurfacing Machine Claim Drafting Example

www.zamboni.com

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VEHICLE

ICE SCRAPER

ICE CHIP COLLECTOR

WASH + VACUUM

WIPE / FINISH

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VEHICLE

ICE SCRAPER

ICE CHIP COLLECTOR

WASH + VACUUM

WIPE / FINISH

WIDTH

HEIGHT

ANGLE

STORAGE + DUMP

VERTICAL

HORZ.

SPRAY CLEAN

VACUUM DIRTY

STORE DIRTY

STORE CLEAN

HOT TOWEL

SQUEEGEE

BEVEL

SPRAY

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Wiper or Squeegee

Wash and Vacuum Water

Vertical Conveyor

Horizontal Conveyor

Ice Scraper / Shaver

Vehicle

FEATURESELEMENT

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üself propelledü4 wheel driveüSteer from backüDriver and controls at the backüHolds ice chip containerüWater containersüCould sell without vehicle

Vehicle

FEATURESELEMENT

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üFull width of vehicleüHeight and angle adjustableüBevelled cutting edgeüLeading edge vs, trailing edgeüIce chips collect at leading edge

Ice Scraper / Shaver

FEATURESELEMENT

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üCollect ice chips from bladeüForward of scraperüHelical screwüFeeds from edges to center outlet

Horizontal Conveyor

FEATURESELEMENT

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üInlet from horizontal conveyorüOutlet to ice chip containerüHelical screw or auger in modern versionüChain with paddles in old version

Vertical Conveyor

FEATURESELEMENT

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üWater source storageüPumpüWashes ice surface after scraperüVolume + height adjustüVacuums dirty waterüStorage recycle filter

Wash and Vacuum Water

FEATURESELEMENT

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üTrailing towel with hot waterüTrailing squeegeeüContains water poolüWipes away excess

Wiper or Squeegee

FEATURESELEMENT

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1. An ice surface conditioning device comprising:a scraper blade; and an ice shaving collector.

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1. An ice surface conditioning device comprising:a scraper blade, having a cutting edge for engagement with an ice surface; andan ice shaving collector in communication with an ice shaving container.

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1. An ice surface conditioning device comprising:a scraper blade, disposed transverse to a machine direction, having a cutting edge for engagement with an ice surface; andan ice shaving collector having an inlet adjacent the blade and an outlet in communication with an ice shaving container.

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2. An ice surface conditioning device according to claim 1 wherein the ice shaving collector comprises a horizontal conveyor.

3. An ice surface conditioning device according to claim 2 wherein the horizontal conveyor is a helical screw.

4. An ice surface conditioning device according to claim 3 wherein the horizontal conveyor has two opposing helical screws and a central outlet.

111

5. An ice surface conditioning device according to claim wherein the ice shaving collector comprises a vertical conveyor with an inlet in communication with an outlet of the horizontal conveyor.

6. An ice surface conditioning device according to claim 5 wherein the vertical conveyor is a helical screw.

7. An ice surface conditioning device according to claim 6 wherein the vertical conveyor is a band with a plurality of paddles.

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8. An ice surface conditioning device according to claim 1 comprising:a water coating distributor rearward of the blade.

9. An ice surface conditioning device according to claim 8 wherein the water coating distributor comprises a water sprayer in communication with a clean water supply tank.

113

10. An ice surface conditioning device according to claim 8 comprising:an excess water removal device.

11. An ice surface conditioning device according to claim 10 wherein the excess water removal device comprises a water vacuum inlet in communication with a dirty water tank.

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12. An ice surface conditioning device according to claim 1 comprising: an ice surface wiping device.

13. An ice surface conditioning device according to claim 12 wherein the ice surface wiping device is selected from the group consisting of: a squeegee; and a towel.

14. An ice surface conditioning device according to claim 13 wherein the towel communicates with a hot water supply.

115

Thank You

116

Drafting Exercise

The Answer is…

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Claim 1A waste receptacle comprising:

a. a sweeping ramp including a lower ramp end and an upper ramp end, the sweeping ramp bearing teeth protruding therefrom at a non-zero angle between the lower and upper ramp ends;

b. a waste bin having a bin floor defined beneath the upper ramp end.

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Claim 2

The waste receptacle of claim 1 wherein the teeth protrude from the sweeping ramp to extend generally toward the upper ramp end.

120

Claim 3The waste receptacle of claim 1: wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, further comprising upwardly-extending walls surrounding at least a portion of the upperramp end and the ramp sides, wherein the waste bin is defined between the upper ramp end and the upwardly-extending walls.

121

Claim 4

The waste receptacle of claim 3 further comprising a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin.

122

Claim 5

The waste receptacle of claim 4 further comprising a broom handle notch defined upon the tubular chute at an area of the tubular chute situated generally above the sweeping ramp.

123

Claim 6

The waste receptacle of claim 4 further comprising a flap hingedly affixed within the chute passage of the tubular chute.

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Claim 7

The waste receptacle of claim 6 wherein the flap is foraminated.

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Claim 8

The waste receptacle of claim 6 wherein the flap is rotatable into the chute passage to engage the tubular chute.

126

Claim 9

The waste receptacle of claim 8 wherein the flap, when engaging the tubular chute, slopes downwardly in a direction away from the sweeping ramp.

127

Claim 10

The waste receptacle of claim 3, further comprising a bin ramp descending from the upper ramp end into the waste bin.

128

Claim 11

The waste receptacle of claim 1: Wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, further comprising sidewalls extending upwardly from the ramp sides, and an upwardly extending end wall betweenthe sidewalls.

129

Claim 12

The waste receptacle of claim 11 wherein the waste bin is defined between the upper ramp end and the end wall, the waste receptacle further comprising a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin.

130

Claim 13

The waste receptacle of claim 12 further comprising a broom handle notch defined upon the tubular chute at an area of the tubular chute situated generally above the sweeping ramp.

131

Claim 14

The waste receptacle of claim 12 further comprising a flap hingedly affixed within the chute passage of the tubular chute.

132

Claim 15

The waste receptacle of claim 11 further comprising a bin ramp descending from the upper ramp end, wherein the waste bin is depressed between the upper ramp end and the end wall.

133

Claim 16

The waste receptacle of claim 1: wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, the waste receptacle further comprising a waste bin situated beneath the upper ramp end, and a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin.

134

Claim 17

The waste receptacle of claim 16 wherein the tubular chute includes an end wall situated generally opposite the upper ramp end and extending upwardly from the waste bin, and wherein the end wall is tilted inwardly so as to rest generally over the waste bin.

135


a. a sweeping ramp including a lower ramp end, an upper ramp end, and opposing ramp sides extending there between, wherein teeth extend from the sweeping ramp between its lower and upper ramp ends,

b. a waste bin situated beneath the upper ramp end, and

c. a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin.

136

Claim 19The waste receptacle of claim 18 wherein the teeth are inclined toward the upper ramp end.

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a. a sweeping ramp including a lower ramp end, an upper ramp end, and opposing ramp sides extending therebetween, with teeth extending from the sweeping ramp between the upper and lower ramp ends at a non-zero angle,

b. a waste bin situated beneath the upper ramp end, and

c. a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin.

138

Thank You

Business

How to Draft a Patent