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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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, …
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) …
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 …
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.” …
