Drafting tips: more than the sum

Case #14 - Pyramids

In poker, two-of-a-kind can win. But a favorite rejection among examiners is to say, “mere duplication of parts has no patentable significance” unless something interesting happens.

These cheese-like pyramids demonstrate how this could happen.

By itself, a pyramid is about as useful as a lone chopstick. At best, it might lure a near-sighted mouse into a mousetrap. But put two or more together and you’ll find the pointy tips and the holes useful for supporting freshly-painted structures while you watch the paint dry.

If you just looked at a single pyramid, the idea of using two or more for support probably wouldn’t leap to mind. This shows that even if a single object isn’t patentable, a combination of two or more might be.

The Patent Office recognizes “kit claims” for such cases. A “kit,” like an “apparatus,” has many parts. They just aren’t coupled so tightly.

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