Chapter 7 of the U.S. patent laws covers the cell structure and function of the document. As already explained, this is a very technical and lengthy part of the patent. The cell structure refers to the arrangement of cells within the document in terms of coordinates. The function of the document pertains to the manner by which one can use the cell structure to create an idea, create a machine, or do anything else that would be described by the patent itself. There is no limit as to how many different ways the cell structure and function can be used but it must be included in the description of the invention.
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This is where the cell structure and function worksheet come into play. One has to take care not to confuse the cell structure and function worksheet as being the same thing. The cell structure and function worksheet are the legal description of the patent. The cell structure and function worksheet is used to draw up the entire patent to include the cell structure and function.
There are some points that need to be understood here. The cell structure and function worksheet are not the same as the algorithms. Cell structures cannot be copied from elsewhere but the function of the cell structure must be described in relation to the machine that is described in the patent. The cell structure and function worksheet must not be confused with the algorithms. These are just simple descriptions of how the patent works.
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Now that you understand that the cell structure and function worksheet are not the same as the algorithms, you are almost half way through the process. Next is the question of what key words are to be used? The answer to this question will be based on the detailed description of your invention. Each patent applicant will have their own set of keywords that will be used in the patent application. Some keywords will be more specific than others.
The cell structure and function worksheet will also include what information must be included in the patent specification. This information should include the description of the invention in the claim and the drawing of the claimed invention. The examiner will require that this information be submitted with the application. It is important for the patent examiner to review the description and drawing in order to determine whether or not the invention is eligible for patent protection. This is especially true if the claimed invention is a computer program.
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The cell structure and function worksheet should also contain a description of the processes that go on during the development of the invention. The description should detail how the invention was conceived, tested, modified and finally approved. This part should not be limited to the period of the patent. It should cover the entire development of the product. It is appropriate to include a statement that describes the cell structures used in the creation of the invention.
The cell structure and function worksheet is designed to aid in the patenting process. A majority of patent applications are issued the same day. If an invention is published before the patent office receives it, the patent will be granted on the basis that the invention is new and not obvious in view of what others have done previously. If an invention is published within a month after filing, the patent will be granted irrespective of whether the cell structure and function worksheet has been submitted.
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The patent specialist will review the cell structure and function worksheet to determine if the invention meets the requirements for patentability. If it does, the patent will be granted. The patent will specify the scope of the patent. The patent examiner will make a decision as to whether the invention meets the requirements for patentability. The patent specialist will sign the patent in support of the patent.
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