Posts Tagged: claims


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
5 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
6 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
6 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.
6 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
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

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
7 years ago 20

Patent Law Changes – Claims Unnecessary to Obtain a Filing Date

On Wednesday, December 5, 2012, the House of Representatives passed two bills that are now await President Obama's signature. The bill — S. 3486— implements both the Patent Law Treaty (PLT) …
By Gene Quinn
7 years ago 2

Against the Broadest Reasonable Interpretation of Patent Claims

Even if the BRI rule made sense in 1932—and it is not clear to me that it ever made sense—the rule no longer makes sense. Dramatic …
By Kip Werking
8 years ago 21

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

The Illogic of the Algorithm Requirement for Software Patent Claims

Recently, patent scholar Mark Lemley has renewed attention to software claims under 35 U.S.C. 112, sixth paragraph. Lemley encourages strict application of the algorithm requirement to police …
By Kip Werking
8 years ago 3

Patentability Overview: Obviousness and Adequate Description

In a nutshell, an invention would be obvious when someone knowledgable about the area would look at your invention and consider it to be already known; not …
By Gene Quinn
8 years ago 11

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

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