Nicholas R. Mattingly
Posts by Nicholas R. Mattingly
Functional Claiming of Computer-Implemented Inventions in View of Recent Decisions
The opinion focused on whether adequate structure corresponding to the “coordinating” function is disclosed in the specification. After determining that a special purpose computer is required to …
Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions
Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in …
Prior User Rights: The Uncertainty Will Cost You
Section 273 uses language that is untested in the court system. Clarity with respect to statutory construction is especially important to those who wish to take advantage of …
Prior User Rights: Rewarding Those Who Don’t Contribute
Prior user rights also implicate free rider problems with respect to a subsequent patent that an inventor obtains covering the subject matter of the secret prior user. …
Prior User Rights and the Incentive to Keep Innovations Secret
However, if prior users are keeping their technology secret while being protected, that leap-frogging from one breakthrough to the next be impeded. Disclosure is the backbone of …