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First, combinations that I expect to be typical of patents and not to be found in contracts or
legislation:
1. DESIRED / DESIRABLE/DESIRABLY (maybe related to the requirement of description ofbest mode and to mark that a feature is not essential to the invention patented)
2. PREFERRED / PREFERABLE/PREFERABLY (related to the requirement of description ofbest mode and to mark that a feature is not essential to the invention patented)
Then conceptual vagueness (use of nouns, I include some examples):
1. Vehicle (could mean: car, truck, motorbike, train, tram, etc.); apparatus; embodiment;arrangement; array; device; system; substance; characteristics; configuration;
component; construction; liquid; gas; product; engine; machine; process; structure;
etc) . Basically hyperonyms (see whether we can establish a standard pattern of
reference how the degree of vagueness is established) I presume that for legislation
and contracts we may have lists of three (as far as I can remember there are two
different interpretations for these lists depending on the surrounding context).
2. Personal watercraft (could mean different types of boat and submarine)3. Transmission (referring to mechanical means of distribution of movement and which
can have several modes of achieving this transmission)
4. Imaging system / image forming apparatus / colour image forming apparatus / imagetransfer system/ etc (are all ways of referring actually to printers and photocopiers in
patents); cyclonic separator/ dust collection unit / mulcher / cleaning apparatus /
cyclonic separating apparatus / etc. (basically a vacuum cleaner) These are
examples of how they choose vaguer ways of referring to relatively specific objects.
5. Determination of hyperonymical nouns (In some + noun, For some + noun, In somecases, In some circumstances, (to) some certain +noun, verb + some degree, In some
instances, of some kind, (at least) some of the + noun, some or all, some other
(way/type/parameter/cases), some type of,
6. Any one of; any additional; any amount of; any appropriate; in any case, ; anycombination of; any component/compound/composition; any convenient; anyconventional; any conventionally; any data; any different; any event(s); any further;
any given; any means of/to/for/known/ that; any number of; any of the/a; any or all;
any other + adjective + noun; any particular; any remaining; any such; any suitable; any
problem; any significant; any type of.
7. Every / no / several // this/these // that/those / other / at least8. Sufficient / necessary / reasonable / substantial / satisfactory / suitable/ conventional
Vagueness in mode (adverbs and modal verbs)
1. See what happens with: may, can, could, should, would, shall.2. Use of the following adverbs: generally, particularly, substantially, usually, abnormally,accidentally, actually, additionally, automatically, basically, conventionally,
dramatically / drastically, especially, essentially, eventually, exceptionally, gradually,
ideally, integrally, normally, optionally, partially, potentially, preferentially, specifically,
typically, usually, clearly, early, nearly, similarly, easily, momentarily, necessarily,
ordinarily, primarily, readily, satisfactorily, temporarily
3. Conditional sentences (your article with Heller 2007)Other expressions:
1. And/or (Mellinkoff p.306); or/and (Mellinkoff p.317)2. Said (common in patents and contracts; Mellinkoff p.318)3. Whereas (Mellinkoff p. 321)4. Lists of two and lists of three (in contracts and maybe in legislation)
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5. Verbs and corresponding participles which are hyperonymic (attach/attached,associate/associated, extending/extended, transmit/transmitting,
associate/associated, etc.
6. Expressions indicating intervals and ranges7. Any other that I may have skipped8.
Referencials (see the table below):
Aforementioned Previously mentioned in doc. Aforenamed Previously mentioned in doc.
Aforesaid Previously mentioned in doc. Aforethought Done on purpose
forthwith immediately foregoing preceding
Notwithstanding In spite of, although Therein In that place, time or matter
Hereafter From now on Thereby Through the agency of that,
connected with that
Hereinafter In a subsequent part of this
document
Therefrom From this or that time, place,
state, event, or thing
Hereinbefore In a preceding part of this
document
Thereof Because of this
Hereby By means of this document Thereto To this or that, furthermore
Herein In this, in this circumstance Thereunder Under this or that
Herewith Along with this document Thereupon In consequence
Heretofore Previously, until now Therewith With this, in consequence
Hereto To this time, place or end Whereas Seeing that
Hereunder In accordance with this doc. Whereat For which reason
Hereof Of this, about this, from this Whereby By or through which
Hereon On this, hereupon Wherefore For which reason
Hereunto See hereto Wherein In which place or situation
Hereupon Following immediately after Whereof Of which, or of whom
Hitherto Until now Whereon On which
Thereinafter In a following part of the doc. Whereto To which, or to whom
Thereinbefore In a preceding part of the doc Whereupon In consequence of which
Thereafter From that time on Wherewith By means of which
Thereat At that event, place or time Wherewithal See wherewith
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