Posts Tagged: claim drafting


A Patent Drafting Checklist

Drafters need to think both outside and inside the claims. Outside thinking aims to make the court’s task easier by providing claim terms amenable to straightforward, …
By Joseph Root
6 years ago 2

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
6 years ago 1

Patent Drafting: Include Alternatives and Variations to Claim Limitations

Recent Federal Circuit reasoning should make a patent drafter decidedly averse to single-embodiment patent applications, with good reason. Unfortunately, real-world constraints, principally centering on budget and time …
By Joseph Root
6 years ago 1

How to Draft Software Patent Claims After CLS Bank

We’ve got a couple cases following CLS Bank that give us clues as to what a computer-related claim should look like post-CLS Bank. In the Ultramercial …
By Dolly Krishnaswamy
7 years ago 8

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
7 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
7 years ago 14

Patent Pricing – You Get What You Pay For

It takes time to prepare a detailed written disclosure that will support any number of claims, and there is just no way to rush it. Inventors and …
By Gene Quinn
8 years ago 15

A Primer on Indefiniteness and Means-Plus-Function

The basic law relative to § 112, ¶6 explains that a decision on whether a claim is indefinite under § 112, ¶ 6 requires a determination of whether those skilled in the art would …
By Gene Quinn
8 years ago 3

Patent Claim Drafting: Improvements and Jepson Claims

But how do you go about patenting an improvement? The first thing you must do is figure out what the advantages are over the prior art. You …
By Gene Quinn
8 years ago 4

Reviewing a Patent Application Drafted by an Inventor

With all of this in mind, like many others I tell inventors that if they are going to do it themselves they should consider getting a patent …
By Gene Quinn
8 years ago 22

An Introduction to Patent Claims

Why are we talking about this in a claims primer? There is a difference between adding what we call "new matter" and adding patent claims. New matter, …
By Gene Quinn
8 years ago 7

Patent Drafting Lessons: Learning from the Grappling Dummy

Such a long, detailed and narrow feature set may have been require to get a patent issued, but is the patent effort (i.e., time and cost) …
By Gene Quinn
9 years ago 3

The Top 10 Things New Patent Practitioners Should Know

Wherever we go we always get a number of individuals who are currently in law school, have recently graduated law school or are engineers or scientists looking …
By Gene Quinn
9 years ago 6

Drafting Patent Applications: Writing Method Claims

Method or process claims will include active steps to achieve a certain result. In method claims the transition is typically either “comprising” or “comprising the steps of.” …
By Gene Quinn
9 years ago 6