Posts Tagged: patent claim drafting


Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions

Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in …
By Nicholas R. Mattingly
6 years ago 3

What makes a patent valuable; A patent broker’s perspective

In a recent article Toxic Asset, we explained in detail how much recent court decisions and new rules at the USPTO had negatively impacted the value of …
By Louis Carbonneau
7 years ago 3

A Patent Drafting Checklist

Drafters need to think both outside and inside the claims. Outside thinking aims to make the court’s task easier by providing claim terms amenable to straightforward, …
By Joseph Root
7 years ago 2

The Patent Drafting Disclosure Revolution: Don’t Ask Alice

No question exists that patent eligibility under Section 101 has been, and remains, the most active question in patent law. Watching the rapid flow of cases back and …
By Joseph Root
7 years ago 4

Patent Drafting: Getting the Broadest Supportable Claim Scope

'Broad' in this context means 'broadest supportable' coverage, limited only by the technology in terms of supportability and by the prior art in terms of outer reach. …
By Joseph Root
7 years ago 1

Patent Drafting: Employing Claim Differentiation to Ensure Broad Construction

To bring this principle to bear on the problem of claim breadth, consider a patent disclosing only a single embodiment, with a main claim whose scope extends …
By Joseph Root
7 years ago 1

Patent Drafting: Include Alternatives and Variations to Claim Limitations

Recent Federal Circuit reasoning should make a patent drafter decidedly averse to single-embodiment patent applications, with good reason. Unfortunately, real-world constraints, principally centering on budget and time …
By Joseph Root
7 years ago 1

Understanding Patent Claims

In order to obtain exclusive rights on an invention the law requires that the patent applicant particularly point out and distinctly claim the subject matter which the …
By Gene Quinn
7 years ago 48

How to Draft Software Patent Claims After CLS Bank

We’ve got a couple cases following CLS Bank that give us clues as to what a computer-related claim should look like post-CLS Bank. In the Ultramercial …
By Dolly Krishnaswamy
8 years ago 8

Conjunctions and/or Patent Claims

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of …

Surprisingly Short Patent Claims in Published Applications

But there are no doubt some bizarre patent applications that have published over the years, such as a method of walking through walls like a ghost. See …
By Gene Quinn
8 years ago 3

Patent Claim Drafting 101: The Basics

When writing a claim it is important to describe how the various components are structured and how the various components interact and connect. First, include a claim …
By Gene Quinn
9 years ago 14

USPTO Seeks Comment on Software Patent Quality

The Patent Office says that each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant …
By Gene Quinn
9 years ago 14

Disjointed Patent Claims and the Search for Prior Art

U.S. Patent No. 6,757,068, which relates to what is described as a sourceless tracking system. See AOP Patent Study DEV-1754. The claims of this patent are extremely …
By Gene Quinn
9 years ago 10

A Primer on Indefiniteness and Means-Plus-Function

The basic law relative to § 112, ¶6 explains that a decision on whether a claim is indefinite under § 112, ¶ 6 requires a determination of whether those skilled in the art would …
By Gene Quinn
10 years ago 3