The Broadest Reasonable Interpretation (aka BRI) means that the words of the claim are given their plain meaning unless such meaning is inconsistent with the specification. In practice, the broadest reasonable interpretation means that words can be construed as broadly as the examiner wants unless such interpretation is nonsensical. What is an example of the broadest … [Read more...]
The patent claim defines the scope of patent protection afforded under the patent. The patent claim may be an apparatus or method claim.
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"Point of novelty" refers to the features of the product or process which is different from the current state of the art (i.e., prior art). It goes further than just identifying the new aspect of the invention. Rather, point of novelty refers to the new functional feature believed to be patentable and worthy of the time and costs to obtain a patent. For example, each year a … [Read more...]
Writing a claim for a patent application is a difficult task to do well. Many factors go into it:Who are you trying to target for infringement (e.g. manufacturers, users, third-party component manufacturers)?Which aspect of the invention do you claim?Do you present a claim that is narrow to increase patentability or broad to increase breadth?Do you present method claims or … [Read more...]
A patent claim defines the invention being protected by a patent or sought after in a patent application. The patent owner can look at their patent claims and determine whether their competitors are infringing on their patent. Competitors can review the claims to determine whether they are infringing on the patent and how to avoid infringement. Let's discuss the basics of a … [Read more...]
Bottom line: Software patent specifications require disclosure of an algorithm for all means-plus-function limitations. Otherwise, the claim may be invalid for being indefinite. The problem may not be related solely to means limitations since a non-means limitation could be impliedly construed as a means-plus-function limitation even without using the trigger word … [Read more...]
Below, Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., LTD (Fed. Cir. August 1, 2018) is discussed in terms of whether the scope of design patent protection is affected when electing a species in response to a restriction requirement. However, the context of the parties and how the litigation arose provides insights on how U.S. companies might better protect … [Read more...]
Collateral estoppel is a legal rule that protects a party from having to litigate issues that have already been fully and fairly tried in a previous action and adversely resolved against a party-opponent. This rule can work against the patent owner or the defendant during litigation. Collateral estoppel works against the patent owner In general but not always, collateral … [Read more...]
A system claim is a claim directed to a system having a number of different components that work together. In Intellectual Ventures I LLC v. Motorola Mobility LLC (Fed. Cir. 2017), the patent claim being litigated was a system claim. The patent was directed to the broad concept of transferring computer files electronically from one location to another, and more particularly … [Read more...]