Posts Tagged: claims


Beware of Conditional Limitations when Drafting Patent Claims

Buried in the claim language, conditional limitations may be a vulnerability in an otherwise valuable claim. A conditional limitation is a claim feature that depends on a …
By Vladimir Lozan
2 months ago 24

Requisites of a Patent Application: Claims and drawings technically not required on filing date

For as long as I can remember, in order for a nonprovisional utility patent application to be awarded the all important filing date you had to file …
By Gene Quinn
8 months ago 10

An Examiner’s Tips For Speedier Patent Prosecution

Interactions between patent examiners and patent practitioners are often tense. At worst, these interactions can be an exercise in restraint with both parties thinly veiling their disdain …
By Lauren Anderson & Ryan Cagle
10 months ago 33

An Introduction to Patent Claims

The examination you receive from the patent examiner is never going to be any better than the patent claims you provide. If you provide preposterously broad patent …
By Gene Quinn
1 year ago 3

Pursuit of Extremely Short Patent Claims

Dear Patent Attorney, Please stop filing extremely short, overly broad patent claims. I recently conducted a study to measure the effectiveness of various prosecution strategies. The study …
By Eric Sutton
1 year ago 29

Patent Drafting: The Use of Relative Terminology Can Be Dangerous

The use of relative terminology, which are short-hand terms that express a certain similarity, are quite common in every day conversation, but are not always appropriate for …
By Gene Quinn
2 years ago 5

Cuozzo and Broadest Reasonable Interpretation – Should the Ability to Amend Be Relevant?

On July 8, in In re Cuozzo, the CAFC denied en banc review of a prior panel decision that confirms the PTAB can use a different standard for …

Was the Federal Circuit Trying to Save Us from Ourselves in Williamson v. Citrix?

In Williamson v. Citrix, the Federal Circuit overruled its own precedent that there is a “strong” presumption that claim limitations that do not use the term “means” …
By Bryan Wheelock
2 years ago 6

Plaintiff Waives Infringement Under Proper Claim Construction

The Federal Circuit issued a decision in CardSoft v. Verifone, which the Court overturned the district court’s claim construction. Overturning a district court’s claim construction …
By Gene Quinn
3 years ago 7

Patent Drafting: Employing Claim Differentiation to Ensure Broad Construction

To bring this principle to bear on the problem of claim breadth, consider a patent disclosing only a single embodiment, with a main claim whose scope extends …
By Joseph Root
3 years ago 1

USPTO Launches Glossary Pilot to Promote Patent Claim Clarity

Pilot participation requires an applicant to include a glossary section in the patent application specification to define terms used in the patent claim. Applications accepted into the …
By U.S.P.T.O.
3 years ago 3

Conjunctions and/or Patent Claims

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of …

Drafting Patent Applications: Writing Method Claims

Method or process claims are relatively easy to write once you know what the core invention is and what is necessary to be included in the claim …
By Gene Quinn
4 years ago 12

Patent Claim Drafting 101: The Basics

When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
By Gene Quinn
4 years ago 14

Does the term “Invention” in the Specification Limit the Claims?

There are some that will tell you that the use of the term "invention" or "present invention" in the specification will limit the claims. This misguided belief …
By Gene Quinn
5 years ago 20