What is USC 112?
112, First Paragraph [R-08.2017] To obtain a valid patent, a patent application must contain a full and clear description of the invention for which a patent is sought in the manner prescribed by 35 U.S.C.
What is 35 USC 112b?
112(b) or pre-AIA 35 U.S.C. In reZletz, 893 F. 2d 319, 13 USPQ2d 1320 (Fed. Cir. 1989).
Why does patent law require definiteness in the scope of the claims?
§112, ¶2. This requirement is referred to as “definiteness.” A patent that fails to satisfy this requirement may be found to be invalid for indefiniteness. The purpose of the definiteness requirement is to provide the public with notice of what the patent owner owns, and what would be an infringement of the patent.
What is a means plus function claim?
A form of patent claim that both: Expresses an element by its function rather than by any structure, material, or acts. Covers the structure, material, or acts, and any equivalents, which the patent’s specification describes as corresponding to the function.
How often are patents rejected?
About 40% of Allowed Applications Receive at least 1 Final Rejection. So if you are an inventor that found this article in a panicked Google search after getting a rejection or a (gasp!)
What are the Wands factors?
The Wands factors are: 1) the quantity of experimentation necessary, 2) the amount of direction or guidance presented, 3) the presence or absence of working examples, 4) the nature of the invention, 5) the state of the prior art, 6) the relative skill of those in the art, 7) the predictability or unpredictability of …
What is a 103 rejection?
A rejection based on 35 USC §103 is used when the claimed invention is not identically disclosed or described so the reference teachings must somehow be modified in order to meet the claims.
Can you use or in a claim?
– OR – INTERPRETATION #1 – “Or” may mean: A or B, but not A and B. If a claim uses “or” it may be interpreted to mean a choice between two items, but not both. Kustom Signals, Inc. v.
What is claim breadth?
A patents’ claims define the scope of the rights held by the patent owner, and as a result, practitioners focus on evaluating claims. In general, these approaches attempt to estimate the “breadth” (or “scope”) of a claim as a proxy for the technology covered by a particular patent.
Why are means plus function claims bad?
One reason why means-plus-function claims have fallen out of favor is that this actual scope given to the means claim is quite narrow, while a different term such as “a fastener” might be given a broader scope.
What is the plus function?
2. Essentially, means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within the body of the claim itself.
What are the issues under 35 USC § 112(F and 112(B)?
West broke his presentation up into two sections: a review of issues under 35 USC § 112 (f) and 35 USC § 112 (b) related to examination of computer-implemented functional claim limitations and a review of issues under 35 USC § 112 (a) related to examination of computer implemented functional claim limitations.
What is the USPTO’s latest on 35 USC § 112?
Citrix decision in 2015. To help answer some of those pleas, the U.S. Patent and Trademark Office (USPTO) published a Federal Register notice on January 7, 2019 to address issues under 35 USC § 112.
Is 35 US Code 112(F) applicable to pre-AIA?
Throughout this section, reference is made to 35 U.S.C. 112 (f), however the guidance is equally applicable to pre-AIA 35 U.S.C. 112, sixth paragraph. The Court of Appeals for the Federal Circuit, in its en banc decision In re Donaldson Co., 16 F.3d 1189, 1194, 29 USPQ2d 1845, 1850 (Fed. Cir. 1994), stated:
Are computer implemented functional claim limitations treated under 35 USC § 112(F)?
The Federal Register notice coincided with USPTO examiner training which tried to ensure that computer implemented functional claim limitations are properly treated under 35 USC § 112 (f) and to ensure that computer implemented functional claim limitations have patent proper written description and enablement support under § 112 (a).