Other Creative Method Claims

Method claims can be very creative indeed. For example, in the pharmaceutical field, an applicant often needs to claim a new use of an old compound. The typical claim has the format "A method of treating <<a disease>>, comprising administering <<a drug>> according to a protocol sufficient to treat <<the disease>>". Such format can be problematic, however, in that infringement occurs by the treating physicians rather than the manufacturers. Physicians are largely immune from patent infringement lawsuits when treating patients , and infringement suits against manufacturers must be based on indirect infringement (contributory infringement or inducement to infringe). One way to allow filing of an infringement action directly against the manufacturer is to file a claim directed to "A method of marketing <<a drug>>, comprising packaging <<the drug>> along with labeling that identifies <<the drug>> as being useful to treat <<the new indication>>".

Creative patenting methods are really only limited by one's own imagination. There is a claim currently pending before the USPTO that recites a method of improving domestic harmony. Instead of focusing on interpersonal relationships, the claim recites use of a landscape sprinkler that automatically reverts to a run position after an adjustment is made. The Specification supports the claim by pointing out that considerable marital disharmony can be caused by one spouse blaming the other for modifying the watering times, and then burning out the lawn because the controller was left in the adjustment position.