Posts Tagged: "all elements rule"

Patent Office Delay and Inventors Representing Themselves

Earlier today I stumbled across US Patent No. 7,631,368, which is titled Combined concealed carry holster undergarment and outergarment with quick release and quick access mechanisms. This patent is one that offers a number of lessons, both for inventors and for those who are seeking to reform the US patent process. The lesson for inventors is a cautionary one; namely…

Gene Quinn

December 19, 2009

CAFC Rules Patentee’s Expert Failed to Sufficiently Identify Elements of Claimed Data Transmitting Means

A “black letter” rule of patent law is that infringement requires proof that the alleged infringing device includes all elements or limitations recited in the claim. Known alternatively as the “All Elements Rule” (AER) or “All Limitations Rule” (ALR), it behooves a patentee to make sure that each and every claim element or limitation is clearly shown to be present…

Eric Guttag

December 16, 2009