The Truth About Patents

Patents are prized assets to a company, but after spending time and money to win one, be sure you don’t gild the lily.

Some inventors have been tempted to make exaggerated claims or provide patent examiners with misleading materials to support their applications. The hope is that bigger claims will help ensure getting the patent. The reality is, it’s a dangerous tactic. You may be denied the patent or even lose one that was already granted.

A California court case involving an Oscar-winning camera lens highlights the risks.

In 1994, nature photographer James Frazier applied for a patent for a new camera lens. In the application, Frazier claimed that the lens improved the depth of field while still providing a wide-angle view. According to Frazier’s application, the lens made it possible to keep both near and far objects in sharp focus.

As part of his application, Frazier presented a video filmed with a different set of lenses. A U.S. District Court judge in Los Angeles recently nullified Frazier’s patent on the grounds that Frazier misled the patent examiners by including this video as part of his application.

The validity issue arose when Frazier and Panavision, which makes the lens, sued a German lens maker for infringing on Frazier’s patent. Frazier argued it was always clear that the video was a marketing video and not a sample of the lens’ capabilities.

But the judge saw it differently, stating that Frazier made false and misleading statements “with an intent to deceive.”

It is important to note that the judge nullified the patent even though the motion picture industry considered the Frazier lens a significant improvement over previous technology. The lens even won an Oscar for technical achievement in 1997. Nonetheless, a patent no longer protects the lens, which Panavision rented for $2,000 a day.

This case should sound the warning bells to all companies looking for patents. Don’t make your invention sound better than it is. Otherwise, you run the risk of losing valuable protection, not to mention money.

Contact your attorney for more information.