Posted On :October 8th, 2012 By James Yang
Law on enablement requirement A patent specification must enable one of ordinary skill in the art to make and use the full scope of the claimed invention without undue experimentation under 35 USC 112, first paragraph. Otherwise, such claim is invalid for failing to satisfy the enablement requirement. The enablement doctrine prevents both inadequate disclosure [...]
Posted On :September 4th, 2012 By James Yang
Facts of case In the following case, the patent claim at issue is directed to computer hard disk drive storage systems. Magsil v. Hitachi (Fed. Cir. 2012). Without boring everyone with the technical specifics, the patent claim defined the claimed invention by describing the end result, namely, a change in resistance in a disk storage [...]
Posted On :February 14th, 2011 By James Yang
In a patent, broader claims are generally more desireable. However, the breadth of the claim must be balanced with its validity. If the claim is too broad, then the courts will hold that the claimed invention is anticipated by the prior art or an obvious variant of the prior art. If the claim is too [...]