# Do patents have to be findable? **URL:** \ **Category:** Factual Questions\ **Created:** [November 9, 2020, 11:32pm UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183 "2020-11-09T23:32:01Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [November 9, 2020, 11:32pm UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/1 "2020-11-09T23:32:01Z")
Let’s say I was attempting to patent a new kind of lumbar support pillow, and I wanted to use that patent to break the back of anyone who makes a similar kind of pillow. Now, if my potential victims _know_ that patent’s relevant, they won’t wander into my crosshairs, so I call it a subclavicular negasublaxation device for the purpose of minor analgesia and mild emotional antidysregulation particularly for information-linguistic workers in non-outdoors settings. That is, I use a bunch of neologisms and legitimate jargon stretched to the point of near-meaninglessness to utterly obscure the fact I’m patenting a pillow for your back. Is that allowed? Do I have to use normal language so people can find my patent if they look for it in good faith? ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 10, 2020, 12:24am UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/2 "2020-11-10T00:24:33Z")
The standard for the written description is that it “…shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same…” (35 U.S.C. 112) So the argument would be whether someone skilled in the art would be able to practice your invention with what you have provided. ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [November 10, 2020, 1:26am UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/3 "2020-11-10T01:26:06Z")
OK, that demand for a clear and concise written description likely kills my plan. Thanks. ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 10, 2020, 1:31am UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/4 "2020-11-10T01:31:34Z")
The whole point of patents after all is to give your idea to the public in return for some amount of time of exclusivity. Your strategy isn’t completely unknown. But it more takes the form of keeping patents unpublished for as long as possible by requesting non-publication. ---
**Author:** ![gdave](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gdave/32/3683_2.png) [@gdave](https://boards.straightdope.com/u/gdave)\ **Post date:** [November 10, 2020, 2:22am UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/5 "2020-11-10T02:22:39Z")
> [@Derleth](#): > > OK, that demand for a clear and concise written description likely kills my plan. I’m not so sure about that. You just need to get your application past whichever patent examiner happens to review it. If it’s initially rejected for being too obfuscatory, just make it a little clearer and re-submit it. It doesn’t even really need to hold up in court. Patent trolls rarely actually go to trial, much less win damages. As long as the settlement you’re willing to agree to is less costly than the time and bother and expense of litigation, just the threat of litigation can make you a nice bit of cash. ---
**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\ **Post date:** [November 11, 2020, 2:50pm UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/6 "2020-11-11T14:50:51Z")
> [@Derleth](#): > > … attempting to patent a new kind of lumbar support pillow … > … wanted to use that patent to break the back of anyone … I’d say you have rather conflicting interests ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [November 11, 2020, 3:33pm UTC](https://boards.straightdope.com/t/do-patents-have-to-be-findable/925183/7 "2020-11-11T15:33:59Z")
> [@gdave](#): > > If it’s initially rejected for being too obfuscatory, just make it a little clearer and re-submit it. As long as the Examiner doesn’t determine that you are adding new matter by clarifying, then you’re screwed.