Bottom line: The claims of a patent should, if possible, be specifically and separately directed to each one of several entities within a distribution chain such as the end user, supplier, component supplier or manufacturer so that each of these entities can be held liable for direct patent infringement. This may be difficult and not possible to accomplish but it should be a … [Read more...]
Claim drafting is the art of crafting a set of limitations that define the proposed scope of patent protection the inventor is seeking.
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 of an … [Read more...]
Written Description Requirement To get a patent, an inventor must satisfy the written description requirement. This is accomplished through the preparation of a patent application which describes the invention and shows any drawings if necessary for the understanding of the invention. To satisfy the written description requirement, the discussion of the invention … [Read more...]
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 claims section of a patent defines the metes and bounds of what the inventor is claiming as their invention. As such, the claims section is an important part of the patent. The claim set is the most difficult section of the patent to draft because it is always a balancing act between breadth and validity. The claims are located at the back of the patent document and … [Read more...]
Means plus function language in a claim appears to be a broad form of claiming one's invention. However, Congress by statute has limited the breadth of these types of limitations to those embodiments disclosed in the patent application which are linked to the means plus function limitation plus their equivalents. As a result, the means plus function limitation may be narrower … [Read more...]