How to Draft a Patent

How To Draft A Patent brought to you by Ogilvy Renault LLP 1

Introduction to Patenting Joan M. Van Zant Joan M. Van Zant Patent and Trade-mark Agent Toronto August 7, 2009 May 1, 2005

Forms of IP Protection • Patents • Trade-marks • Industrial Designs • Copyrights • Plant Breeders’ Rights • Integrated Circuit Topographies • Trade Secrets 3

Trade-marks • Common law or registered • Word, Design, Numerals, Symbols or any combination • Distinguishes wares and/or services • 15 Year Renewable Term • KLEENEX, COCA COLA, etc. 4

Copyrights • Registration not necessary, allows owner to prevent others from copying work • Literary, artistic, musical & dramatic works, performances, communication signals & sound recordings • Work must be original • Either the author must have a certain nationality OR the work must be first or simultaneously published in a treaty country, regardless of the nationality of the author. • Term is life of author and 50 years beyond 5

Industrial Designs • Require Registration • 5 year term, renewable for 5 years • Substantially original features of shape, configuration, pattern, or ornament or any combination thereof • Features must be applied to a finished article made by hand, machine or tool • chair, spoon, wall paper pattern 6

Plant Breeders’ Rights • Registration required • Protects Reproductive Materials: seeds, cuttings; bulbs or roots • Prevents repeat use of material to produce other varieties by others • Prevents use of ornamental plants or parts thereof as propagating material by others • Vehicle to license others to perform such acts 7

Integrated Circuit Topographies • 3D configurations of electronic circuits embodied in products or layout designs • Registration requires: • Original Design, 2 year grace period • Applicant must be Canadian or national of eligible country or topography first commercialized in Canada 8

Trade Secrets • Information not readily discernible from public assessment of a product, e.g. chemical process • Can last forever • Cannot preclude others from using it, if acquired independently • Prior secret use does not prevent others from patenting • May be hard to keep secret 9

Patents • Must be obtained • Protects ideas reduced to practical form • Term is 20 years from filing application • Examination process not a registration process • Most expensive IP right to obtain 10

What is a Patent? • Monopoly • Territorial • Granted by government authority • Limited exclusive privilege that the law allows a patentee in his own invention • Ownership • Natural right arises from production • Term • Limited period of time, usually 20 years from filing 11

Nature Of Patent Right • Bargain with the state • Inventor gives full disclosure of invention in exchange for limited period of monopoly • Upon expiration of monopoly, the invention can be exploited by anyone • Before expiration others have access to information 12

Purpose Of Patents • Patents provide library of organized technical information that others may learn from and improve upon • Patent system encourages publication of new scientific and engineering work which can be used to inspire, educate, or inform others to make improvements or new developments 13

Purpose Of Patents Cont’d • Patent excludes others from making , using or selling your invention • Your patent may not allow you to practice the invention defined therein • No guarantee of Freedom to Operate 14

Form of Patent Application A patent application comprises • An Abstract; • A description comprising the following elements • Title for identification purposes • Field of the Invention which describes the area(s) to which the invention relates 15

Form of Patent Application Cont’d A description comprising the following elements (cont’d) • Background of the Invention which describes the related prior art and the problem that is solved with the present invention • Summary of the Invention which comprises one or more general statements of the invention and usually provides the precise language for the claims • Detailed Description of the Invention • Specific Embodiments, Examples, and the like 16

Form of Patent Application Cont’d • Claims which distinctly claim the part, improvement or combination of the invention which the applicant regards to be patentable. • Drawings are included where the description lends itself to them. • A Sequence Listing is required where the invention relates to genes or fragments thereof • Deposit of Biological Material may be required to satisfy description requirements 17

Filing Application • Must be filed in timely manner • Before publication or disclosure to the public, or within grace periods or in keeping with International Treaty Requirements • Government Fees to be paid • Application to conform to required format and content 18

Patentable Invention • New, useful, unobvious • First to invent / first to file • Patentable subject matter 19

Patentability Search and Assessment • Invaluable to avoid re-patenting the wheel • To establish scope of invention • Language of the patent art • Reveal the patent landscape in a particular area • Reveal activities of competitors • Useful information to consider when choosing countries or regions where protection should be sought if at all 20

Statutory Definition of Invention • Any new and useful art, process, machine, manufacture or composition of matter or any new and useful improvement in any art, process, machine, manufacture or composition of matter. 21

Patentability - New • Not disclosed in writing or in any other form anywhere in the world prior to filing of application by anyone else • Grace period of one year in Canada for disclosures by applicant or by someone who obtains information directly or indirectly from the applicant 22

Disclosure of Invention Before Filing Impact on Patentability • U.S. one-year grace period for written disclosures published anywhere and for prior sale, offer for sale, prior public use or disclosure • EP prior public disclosure that makes invention available to the public is deadly and precludes the grant of valid patent rights • Confidential disclosures are not damaging, usually 23

Disclosure of Invention After Filing Impact on Patentability • Disclosures that take place after filing can cause problems where an improper priority patent application is filed and claims lose entitlement to the priority date • The subsequent publication can be a bar to valid patent rights when the date is lost • EPO Board of Appeals and US Courts have made rulings to this effect 24

Patentability Unobvious • Invention cannot be apparent to a person skilled in the art who has, not only the benefit of the common general knowledge in the art, but also public documents and disclosures in that art • Most inventions are improvements • May not be a huge advance in the art • May be pioneer invention • May need to prove value or significance of advance or unexpected result • Scientific evidence, commercial success • Challenge of the problem, only solution available 25

Patentability Patentable Subject Matter • Patenting Possibilities vary from jurisdiction to jurisdiction • USA is most open as to subject matter • “Anything new under the sun that is made by man” • Excluded are: • Abstract ideas, physical phenomena and laws of nature • mental steps, abstract ideas and many business methods 26

Excluded Subject Matter in Canada • Does not include professional arts • Surgery, division of land • Methods of medical treatment • Use claims can be obtained • Higher life forms • No animals or plant materials 27

United States Examples of Patentable Subject Matter • New chemical entities, including new intermediates and in appropriate cases new salts, enantiomers and polymorphs • Methods of making new compounds • New methods of making old compounds 28

United States Examples of Patentable Subject Matter • New compositions, possibly containing known compounds but in different dosage amounts or forms • New methods of treatment, diagnosis etc. using old or new compounds • New methods of modulating biochemical processes which are carried out in a human, animal or plant 29

United States Examples of Patentable Subject Matter • New kits for example containing a new combination of materials or of materials and equipment used for diagnosis or treatment • Newly identified DNA claimed in purified or isolated form. Newly created DNA is treated as a new chemical compound • New organisms and parts of organisms such as seeds, for example those containing modified DNA 30

United States Examples of Patentable Subject Matter • New vaccines • New vectors, such as plasmids, new hybridomas and new antibodies • New research techniques and in some cases at least the products obtained from using these techniques. 31

Value of Patent • Commercial Tool • To develop or insure market position • To find an investment partner • To license • To gain access to other technologies • To gain access to other applications • To negotiate exclusive supply arrangements 32

Thank You

The Patent Application Process Jung-Kay Chiu Lawyer and Patent Agent Toronto Toronto6, 2009 May 24-Jan-04

Patent Application Process Overview 1. Application Process in Context 2. Deciding whether to file an application 3. Process by Practical Example 4. Costs 5. Strategies 35

Patent Application Process in Context Cycle of Development 4. Exploit 1. Develop IP Idea 3. Protect 2. Develop IP Technology 36

Patent Application Process in Context • Patent application process fits within a larger cycle of events in a plan for commercializing technology • Intellectual assets created but how do we take advantage of these assets? • Formulate an IP strategy 37

Whether/How to File… • There are many factors that may play a role • Why? Because the costs associated with patent protection and enforcement are significant and patents are territorial. 38

Whether/How to File… Factors to consider when deciding whether to file • Potential commercial life of invention • Time to patent may exceed commercial life of invention • Filing only preserves your place in line • Right to enforce only on issue of a patent which can take many years • Scope of likely patent protection • What is the prior art? 39

Whether/How to File… • Simple or complex technology – market lead time • Simple inventions may not give innovator much market lead time before a competitor can develop the same technology. Patent may issue years after product launch. Will that patent be of value? • Ability to keep secret – free flow of technical information • Technical personnel move among competitors, “share” ideas • Private vs. public exploitation (e.g. secret process) 40

Whether/How to File… • Capability to police patent • Litigation may be prohibitively expensive • State of development of technology • Patent application may be premature – for business and legal reasons • “sound prediction” - Apotex Inc. v. Wellcome Foundation Ltd., [2002] 4 S.C.R. 153, 21 C.P.R. (4th) 499. • Further research may show initial thoughts were incorrect 41

Whether/How to File… • Competitive posture of innovator • How does proposed patent fit in a portfolio and strategy • Invention modest improvement or pioneering breakthrough • Importance of invention • Financing/Licensing? • A patent may be necessary to attract $ • Defensive reasons 42

Patent Application Process Practical example You think you have an invention…what’s next? 1. Identify invention Discuss invention with your patent counsel May conduct patentability search 2. Canvas factors to determine whether to file 43

Patent Application Process Practical example 3. Prepare Application Parts: Background; Summary; Brief Description of the Drawing; Detailed Description; Claims; Abstract; Figures What do these parts entail? – stay tuned! 44

Patent Application Process Practical example 4. Identify inventor or inventors Test for inventorship: Who made a contribution to the inventive concept? Apotex Inc. v. Wellcome Foundation Ltd., supra 5. Prepare papers and file application 45

Typical Timeline Months 0 46

Typical Timeline Priority Application (5k-20k) Months 0 47

Patent Application Process Practical example 7. Foreign Filing and the Paris Convention: Paris Convention gives an Applicant 1 year to file one or more corresponding applications and claim a “priority” back to the filing date of the previous application This relieves the applicant of filing in every country of interest in the first instance 48

Typical Timeline Priority Application (5k-20k) Months 0 49

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and Application PCT Filing (10k) (5k-20k) Months 0 12 50

Patent Application Process Practical example 7. Foreign Filing and the Patent Cooperation Treaty (PCT) PCT, the International Application Administered by the International Bureau at WIPO Deemed filing in almost every country in the world BUT: each filing is not crystallized until national phase entry is requested within 30 months. à really only a 30 month delay in exchange for $ Why delay? Evaluate market and patentability 51

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and Application PCT Filing (10k) (5k-20k) Months 0 12 52

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and National Entries Application PCT Filing (10k) of PCT Filing (2k-5k per) (5k-20k) Months 0 12 30 53

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and National Entries Application PCT Filing (10k) of PCT Filing (2k-5k per) (5k-20k) Months 0 12 30 Note: Maintenance fees may be due depending on country 54

Patent Application Process Practical example 8. Publication Applications are laid-open for public inspection after 18 months from the priority date 9. Request Examination? Requests for examination may be deferred up to 5 years from filing Currently a delay of between 2-4 years to start examination 55

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and National Entries Application PCT Filing (10k) of PCT Filing (2k-5k per) (5k-20k) Months 0 12 30 Note: Maintenance fees may be due depending on country 56

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and National Entries Application PCT Filing (10k) of PCT Filing (2k-5k per) (5k-20k) Months 0 12 18 30 Note: Maintenance fees may be due depending on country Publication 57

Typical Timeline PARIS CONVENTION National Filings (2k-5k per) Priority and National Entries Deadline to Request Application PCT Filing (10k) of PCT Filing (2k-5k per) Examination in Canada (1k) (5k-20k) Months 0 12 18 30 72 (5 Years from Filing) Note: Maintenance fees may be due depending on country Publication 58

Patent Application Process Practical example 10. Prosecution Examiner reviews application and requisitions compliance with the Patent Act and Patent Rules Requisition alleging application is not allowable (e.g. not new, not inventive, claims are unclear…etc.) Applicant responds with arguments and/or amendments 59

Patent Application Process Practical example 10. Prosecution Amendment is limited: cannot introduce new subject matter Amendment may broaden or narrow scope of claims 60

Patent Application Process Practical example 10. Prosecution Patent to issue to a single invention May be required to restrict application to single invention and file one or more divisional applications to additional inventions 61

Patent Application Process Practical example 11. Allowance and Issuance Pay the final fee and get the patent 62

Strategies • Picking where to file: • Your market • Your competitor’s market • Your competitor’s manufacturing facilities • Enforcement potential • Prosecution charges (Budget) • Deciding how to first file: • Desire for speedy issuance or indication of patentability or just getting on file to reserve place in line 63

Thank You 64

Application Drafting Considerations Christopher Hunter Lawyer, Patent & Trade-mark Agent Toronto May 6, 2009

Section 27(3) of Patent Act Canada The specification of an invention must (a) correctly and fully describe the invention and its operation or use as contemplated by the inventor; (b) set out clearly the various steps in a process, or the method of constructing, making, compounding or using a machine, manufacture or composition of matter, in such full, clear, concise and exact terms as to enable any person skilled in the art or science to which it pertains, or with which it is most closely connected, to make, construct, compound or use it; 66

Section 27(3) of Patent Act Canada Cont’d (c) in the case of a machine, explain the principle of the machine and the best mode in which the inventor has contemplated the application of that principle; and (d) in the case of a process, explain the necessary sequence, if any, of the various steps, so as to distinguish the invention from other inventions. 67

The Real Challenges to Obtaining Patents Meeting the Specification Requirements • Written Description • Enablement • Utility 68

United States Written Description Requirements • Is there an actual reduction to practice, i.e. a working example? • Are there drawings or structural chemical formulae in sufficient detail to show possession (knowledge) of the claimed invention as a whole? • Are there other identifying characteristics described that show possession (knowledge) of the claimed invention in sufficient detail? 69

United States Written Description Requirements • Complete structure of a species or embodiment • Other relevant identifying characteristics • Level of skill and knowledge in the art • Determines what is required • Partial structure 70

United States Written Description Requirements • Physical and/or chemical properties • Functional characteristics alone • Usually not acceptable • Functional characteristics coupled with known or disclosed correlation between structure and function and the method of making the claimed invention should suffice 71

United States Written Description Requirements • Genus – Species • Genus claims may be supported with sufficient description of a representative number of species • Representative number of species means that species described must be representative of the entire species • The greater the variation within the genus, then the species description should adequately reflect the variation in the genus 72

United States Written Description Requirements • Mature technologies vs. Emerging Technologies, an inverse relationship to description requirements • If knowledge and skill are high, method of making invention and function may be enough • If knowledge and skill are less established and therefore unpredictable, more evidence is required 73

Enablement • Ensures that public receives its “quid pro quo” for patent grant • Description must enable person skilled in the art to practice the invention without undue experimentation 74

Enablement • Factors to consider • Quantity of experimentation necessary • Amount of direction and guidance provided • Presence of working examples • Nature of invention • State of prior art • Relative skill of those in art • Predictability of art • Breadth of claims 75

Enablement • Chemical cases historically have never been subjected to requirement of working examples • Generally genetic engineering cases cannot succeed without working examples • Prophetic examples have been sanctioned by the courts but must not be written in past tense (Ground for invalidation in the USA) 76

Enablement • How much disclosure is necessary to support broad claims? • Fact dependent • Unpredictable factors which are often associated with chemical reactions and physiological activity raise the threshold compared with other arts such as electronics and mechanics 77

Enablement • Genentech Inc. v. Novo Nordisk A/S • Chemical patent invalid for lack of enabling description for starting materials and conditions to be used • National Recovery Technologies v. Magnetic Separation Systems • Invalid claim 1 included step for selecting process signals as pass through irregularities in the bodies of said material items • Description did not state how to perform step 78

Utility • Credible • Assertion must have unflawed logic and consistent facts • Specific • Polynucleotide as gene probe without disclosure of specific DNA target not acceptable • Substantial • Defines real world use 79

Utility • Used to reject applications and to narrow claims • Claim to piece of DNA may be narrowed to “consisting of” language from “comprising” • Claims to receptors will be granted only if there is disclosure of disease or condition associated with the receptor • Cannot just say receptor binds compounds or makes monoclonal antibodies, actual examples or reference to common general knowledge with general description 80

Utility For Claims to methods of treating disease • Where disease is unspecified, claims are rejected as too much research is required to determine diseases to be treated • Where disease is defined by reference to underlying mechanism, must show by literature or evidence that mechanism is associated with disease 81

Thank You

Functional Approach to Claim Drafting Paul Field Lawyer, Engineer Patent & TM Agent Toronto February 23, 2008

Functional Approach • Applicable to mechanical devices • Complex mechanisms break down into a large number of simple components working together • Each component performs an identifiable function • Each component is connected or engages at least one other component • Capture the essence of that function in the least possible number of words • Try “means for function” thought process to open up alternatives 84

Breaking Writer’s Block • Have a Method • Accumulate Information with an Open Mind • Organize Thoughts Loosely on Scrap Paper • Accept Trial & Error as a Legitimate Process • Commit to Paper using Commonly Accepted Claim Formats • Test Your Assumptions – Edit on Paper – Redraft Test – Edit – Redraft ………then stop 85

Have a Method • Copy from others shamelessly • Organize thought process on paper • Use rough lists, bubble diagrams, flow charts • Move from general concept to detailed features 86

Accumulate Information with an Open Mind • Interview the inventors • Become familiar with the Prior Art • Beware of locking onto concepts too early • Visualize the mechanism exploded, floating in space, then examine interactions • Review from the perspective of an infringer or a judge 87

Organize Thoughts Loosely on Scrap Paper • List components • List advantages over prior art • Bubble diagrams – Flow Chart • Sketch draft drawings • Decide if parts are “essential” or “optional” • Visualize the invention with a part missing to see if it is essential or optional 88

Accept Trial & Error as a Legitimate Thought Process • Misconception of inefficiency • Process accounts for multiple priorities, conflicting issues, opposing viewpoints, satisfies multiple conditions and concludes with a less than perfect solution 89

Conditions to be Satisfied By Patent Claims • Claims supported by description • Consistent terms used throughout • Logical sequence (antecedents) • All essential elements included (operative) • Claims are not greater than the invention made and described 90

Conditions to be Satisfied By Patent Claims • Includes all known equivalents • Includes all embodiments with broad language • Not too limiting (less than the invention) • Not overly verbose (less is more) • Addressed to one skilled in the art • Addressed to a judge (not technical) 91

Use Commonly Accepted Patent Claim Format 1. A (name), for (optional preamble describing background), comprising: element A, where A has sub-elements and/or limitations; element B, connected to A, where B has sub-elements and/or limitations; and element C, connected to A and/or B, where C has sub- elements and/or limitations. 2. A (name) according to claim 1 wherein: element C has more sub-elements or limitations 92

Functional Terms • Function is often inherent in the words chosen ( a blade, a valve, a fastener, a conveyor, a frame) • Function may be specifically recited to cover many equivalent elements (biasing means, extending from the jam to the door, for urging the door to a closed position) 93

Clarity • Format, punctuation, commas divide the claim into digestible pieces • Say one thing at a time, fully complete • Repeat for clarity (ex: therein vs. in the A; therebetween vs. between A and B) • Use “the” not “said” 94

Zamboni™ Ice Resurfacing Machine Claim Drafting Example www.zamboni.com

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VEHICLE ICE SCRAPER ICE CHIP COLLECTOR WASH + VACUUM WIPE / FINISH 98

BEVEL ANGLE VEHICLE WIDTH STORAGE ICE HEIGHT + DUMP SCRAPER VACUUM VERTICAL DIRTY ICE CHIP SPRAY COLLECTOR CLEAN STORE HORZ. DIRTY WASH + VACUUM STORE CLEAN WIPE / SPRAY FINISH SQUEEGEE HOT 99 TOWEL

ELEMENT FEATURES Vehicle Ice Scraper / Shaver Horizontal Conveyor Vertical Conveyor Wash and Vacuum Water Wiper or Squeegee 100

ELEMENT FEATURES Vehicle üself propelled ü4 wheel drive üSteer from back üDriver and controls at the back üHolds ice chip container üWater containers üCould sell without vehicle 101

ELEMENT FEATURES Ice Scraper / Shaver üFull width of vehicle üHeight and angle adjustable üBevelled cutting edge üLeading edge vs, trailing edge üIce chips collect at leading edge 102

ELEMENT FEATURES Horizontal Conveyor üCollect ice chips from blade üForward of scraper üHelical screw üFeeds from edges to center outlet 103

ELEMENT FEATURES Vertical Conveyor üInlet from horizontal conveyor üOutlet to ice chip container üHelical screw or auger in modern version üChain with paddles in old version 104

ELEMENT FEATURES Wash and Vacuum Water üWater source storage üPump üWashes ice surface after scraper üVolume + height adjust üVacuums dirty water üStorage recycle filter 105

ELEMENT FEATURES Wiper or Squeegee üTrailing towel with hot water üTrailing squeegee üContains water pool üWipes away excess 106

1. An ice surface conditioning device comprising: a scraper blade; and an ice shaving collector. 107

1. An ice surface conditioning device comprising: a scraper blade, having a cutting edge for engagement with an ice surface; and an ice shaving collector in communication with an ice shaving container. 108

1. An ice surface conditioning device comprising: a scraper blade, disposed transverse to a machine direction, having a cutting edge for engagement with an ice surface; and an ice shaving collector having an inlet adjacent the blade and an outlet in communication with an ice shaving container. 109

2. An ice surface conditioning device according to claim 1 wherein the ice shaving collector comprises a horizontal conveyor. 3. An ice surface conditioning device according to claim 2 wherein the horizontal conveyor is a helical screw. 4. An ice surface conditioning device according to claim 3 wherein the horizontal conveyor has two opposing helical screws and a central outlet. 110

5. An ice surface conditioning device according to claim wherein the ice shaving collector comprises a vertical conveyor with an inlet in communication with an outlet of the horizontal conveyor. 6. An ice surface conditioning device according to claim 5 wherein the vertical conveyor is a helical screw. 7. An ice surface conditioning device according to claim 6 wherein the vertical conveyor is a band with a plurality of paddles. 111

8. An ice surface conditioning device according to claim 1 comprising: a water coating distributor rearward of the blade. 9. An ice surface conditioning device according to claim 8 wherein the water coating distributor comprises a water sprayer in communication with a clean water supply tank. 112

10. An ice surface conditioning device according to claim 8 comprising: an excess water removal device. 11. An ice surface conditioning device according to claim 10 wherein the excess water removal device comprises a water vacuum inlet in communication with a dirty water tank. 113

12. An ice surface conditioning device according to claim 1 comprising: an ice surface wiping device. 13. An ice surface conditioning device according to claim 12 wherein the ice surface wiping device is selected from the group consisting of: a squeegee; and a towel. 14. An ice surface conditioning device according to claim 13 wherein the towel communicates with a hot water supply. 114

Thank You 115

Drafting Exercise 116

The Answer is…

Claim 1 A waste receptacle comprising: a. a sweeping ramp including a lower ramp end and an upper ramp end, the sweeping ramp bearing teeth protruding therefrom at a non-zero angle between the lower and upper ramp ends; b. a waste bin having a bin floor defined beneath the upper ramp end. 118

Claim 2 The waste receptacle of claim 1 wherein the teeth protrude from the sweeping ramp to extend generally toward the upper ramp end. 119

Claim 3 The waste receptacle of claim 1: wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, further comprising upwardly- extending walls surrounding at least a portion of the upper ramp end and the ramp sides, wherein the waste bin is defined between the upper ramp end and the upwardly-extending walls. 120

Claim 4 The waste receptacle of claim 3 further comprising a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin. 121

Claim 5 The waste receptacle of claim 4 further comprising a broom handle notch defined upon the tubular chute at an area of the tubular chute situated generally above the sweeping ramp. 122

Claim 6 The waste receptacle of claim 4 further comprising a flap hingedly affixed within the chute passage of the tubular chute. 123

Claim 7 The waste receptacle of claim 6 wherein the flap is foraminated. 124

Claim 8 The waste receptacle of claim 6 wherein the flap is rotatable into the chute passage to engage the tubular chute. 125

Claim 9 The waste receptacle of claim 8 wherein the flap, when engaging the tubular chute, slopes downwardly in a direction away from the sweeping ramp. 126

Claim 10 The waste receptacle of claim 3, further comprising a bin ramp descending from the upper ramp end into the waste bin. 127

Claim 11 The waste receptacle of claim 1: Wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, further comprising sidewalls extending upwardly from the ramp sides, and an upwardly extending end wall between the sidewalls. 128

Claim 12 The waste receptacle of claim 11 wherein the waste bin is defined between the upper ramp end and the end wall, the waste receptacle further comprising a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin. 129

Claim 13 The waste receptacle of claim 12 further comprising a broom handle notch defined upon the tubular chute at an area of the tubular chute situated generally above the sweeping ramp. 130

Claim 14 The waste receptacle of claim 12 further comprising a flap hingedly affixed within the chute passage of the tubular chute. 131

Claim 15 The waste receptacle of claim 11 further comprising a bin ramp descending from the upper ramp end, wherein the waste bin is depressed between the upper ramp end and the end wall. 132

Claim 16 The waste receptacle of claim 1: wherein the sweeping ramp includes opposing ramp sides extending between the lower and upper ramp ends, the waste receptacle further comprising a waste bin situated beneath the upper ramp end, and a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin. 133

Claim 17 The waste receptacle of claim 16 wherein the tubular chute includes an end wall situated generally opposite the upper ramp end and extending upwardly from the waste bin, and wherein the end wall is tilted inwardly so as to rest generally over the waste bin. 134

Claim 18 A waste receptacle comprising: a. a sweeping ramp including a lower ramp end, an upper ramp end, and opposing ramp sides extending there between, wherein teeth extend from the sweeping ramp between its lower and upper ramp ends, b. a waste bin situated beneath the upper ramp end, and c. a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin. 135

Claim 19 The waste receptacle of claim 18 wherein the teeth are inclined toward the upper ramp end. 136

Claim 20 A waste receptacle comprising: a. a sweeping ramp including a lower ramp end, an upper ramp end, and opposing ramp sides extending therebetween, with teeth extending from the sweeping ramp between the upper and lower ramp ends at a non-zero angle, b. a waste bin situated beneath the upper ramp end, and c. a tubular chute having a chute passage defined therein, the chute passage being directed onto the waste bin. 137

Thank You 138

How to Draft a Patent

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