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The Federal Circuit and §112(f): Shifting Winds of Jurisprudence


The Federal Circuit and §112(f): Shifting Winds of Jurisprudence

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Since the 1990s, the Federal Circuit has consistently looked at §112(f) as being presumptively against a means-plus-function claim construction.  The case law first raised the presumption to “strong” in Lighting World, then “strong…that is not readily overcome” in Inventio, then making it nearly impossible to assert §112(f) in Flo Healthcare Solutions.  Flo allowed the Federal […]

4 Implications of AIA and ‘First-to-File’ for Patent Practitioners

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Drafting a high-quality patent application has always been important, but the two years since the United States switched to a first-to-file standard have shown that patent application quality can cost—or generate—untold amounts of money for IP-driven companies.

Five Things to Know About Provisional Patent Applications

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First introduced in 1995, the always-popular provisional patent application process has become even more widely used since the America Invents Act switched the U.S. patent system to a first-to-file standard in March 2013.

What You Need To Know About Post-Grant Review

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Among the many changes to the U.S. patent system wrought by the America Invents Act of 2011 was the introduction of review options that become available to third parties after a patent is granted.

Five Ways to Avoid Section 112 Rejections

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In the two years since key provisions of the America Invents Act went into effect, it has become clear to patent professionals that drafting an ironclad patent application is more important today than ever before.

Section 112 Rejections: Getting It Right Post-AIA

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Historically, when patent applicants received office actions rejecting their patent applications, one of the most common failed requirements cited by the patent examiner is related to Section 112: Specification. Many otherwise sound patent applications have run afoul of this seemingly straightforward section of patent law, which requires the applicant to spell out a precise description […]