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3 Keys to Sound Claims Construction


3 Keys to Sound Claims Construction

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The importance of sound, patentable claims in a patent application has always been important, but its importance has only increased since the implementation of first-to-file standard in March 2013 in the wake of the America Invents Act. Here are three tips for giving a patent application’s claims section the best foundation for success once you […]

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 […]

Better Patent Drafting Starts With this Tool

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When is a cell phone not a cell phone? When it is an English “mobile phone,” a French“le téléphone portable,” a Turkish “cep telefonu pocket phone” or even an Israeli “Pelephone” (wonder phone). In the world of patent claim drafting, knowing this information could mean the difference between overcoming an examiner’s rejection or withstanding a […]

Specification: Cornerstone of a Robust Claim Set in the post-AIA Era

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Claim drafting has always been a critical stage of the patent application process, but trends and developments in the patent realm indicate that quality claims have taken on an even greater significance.  A simple strategy is gaining new importance with regards to strengthening claims submitted for examiner review as U.S. patent holders and attorneys begin […]

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.

New CAFC Standard Elevates Importance of Sound Claims

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The importance of sound claims in a patent application is well understood, but a recent U.S. Supreme Court ruling in a patent infringement case underscores the need to ensure that a patent’s claims are in final, defensible condition at the time of the initial application.