Clarity is one of the basic goals for claim drafting. The patent application is a tool to explain terms used in the claims. A response to an official action of the Patent Office revolves around the claims. The following case is an example of a claim which was not clear. The claim language at issue was “a release means for retaining …” Baran v. Medical Device Technologies, … [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.
Browse related articles below.
Product by process claims are limited to the recited process
One of the most important sections of a patent specification is the claims. The reason is that the claims define the metes and bounds of patent protection afforded under the patent. For example, the scope of patent protection afforded under a product claim that recites elements a, b and c extends only to a product containing elements a, b and c. If one of the elements is … [Read more...]
Product By Process Claims
The claims define the metes and bounds of patent protection afforded under a patent. The claims can be drafted in many different ways. For example, the claims can recite a method, an apparatus or a product by process. A method claim recites various steps which if performed would infringe the patent. An apparatus claim recites various structures or elements of the apparatus … [Read more...]
Utilizing Essential Elements and Recapture For Claim Construction
The invention of the patent-at-issue is directed to safety syringes which prevent or mitigates accidental needle prickings by medical professionals. On appeal, the patentee contended that the District Court’s claim construction of the terms “immediately”, “relative movement” and “slidably receiving” was in error. The District Court construed “immediately” to require the … [Read more...]
Transitional Phrases – Claim Construction
On August 17, 2006, the Federal Circuit decided Conoco, Inc., et al. v. Energy & Environmental International, L.C., et al., Fed. Cir., No. 05-1363, 8/17/06. The patent in suit relates to a drag reducing agents injected into oil and gas pipelines such that more liquid may be pumped more efficiently. The claim recited a process of preparing a drug reducing agent … a … [Read more...]