35 U.S.C. § 112 states that the specification of a patent document shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. It is the claims in a patent which defines the scope of the exclusive right granted in that particular patent. Formats[…]
The basic concept of U.S. patent law is that the inventor owes the public a duty to define the scope of the patent, by means of the claims, in words as precise as the circumstances allow for. 35 U.S.C. § 112 states that the specification of a patent document shall conclude with one or more[…]
A patent grants an exclusive right to an invention, which requires that the patent applicant particularly define the subject matter what he/she wishes to protect in the given patent application. It is the claims in a patent which defines the scope of the exclusive right granted in that particular patent. 35 U.S.C. § 112 states[…]
Jepson claim strategies demands varieties of claim types which are often selected based on the subject matter that needs protection by means of the patent claims. Jepson claim is a method or product claim where one or more limitations are specifically identified as a point of novelty, distinguishable over at least the contents of the[…]
Patent claim is measured by the words used in its claims, and therefore, any clause used is critical. A patent attorney usually plays with the language of a claim to reach a desired scope of protection. A powerful tool available to the patent attorney to describe their invention in the claims of a patent is[…]
There are various types of claims that can be drafted to protect an invention, and one such type of claim is a “product-by-process” claim. A product-by-process claim defines a product in the terms of the method or steps used to make the product. The most common situations in which claims use both product and process[…]
“Whereby” or statement of ultimate result clauses are broadly classified as functional clauses, and are permitted in a patent claim. Such statements should be used to state only the necessary outcome or result of the previously described structure. A “whereby” clause that merely states the result of the limitations in the claim adds nothing to[…]
The dependent claim in multiple forms may contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which[…]
An invention in patent document is considered patentable if it meets three prerequisites; novelty, non-obviousness and industrial applicability. The term ‘sufficiency of disclosure’ or enablement refers to a patent law requirement according to which a patent application must disclose a claimed invention in sufficient detail for the notional person skilled in the art to carry[…]
Patent claim construction is a fundamental issue in any patent infringement litigation. It is the process by which a court or other tribunal determines the scope and meaning of a patent’s claims. In most patent infringement litigation cases, the process begins with: The Court first construes the patent claims, and The Court then evaluates the[…]