Breadth through Specificity: Supporting Alternative Embodiments with Multiple...
Two recent cases, The Medicines Co. v. Mylan, Inc and Skedco, Inc. v. Strategic Operations, Inc., illustrate that the patentee’s specification is key to determining whether an alleged infringer has...
View ArticleBeware Conditional Limitations when Drafting Patent Claims
Buried in the claim language, conditional limitations may be a vulnerability in an otherwise valuable claim. A conditional limitation is a claim feature that depends on a certain condition being...
View ArticlePatent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent...
You absolutely want to file a patent application with a description that is a mile wide — that part is good — but you also need to also drill down far more than one inch deep in order to teach the...
View ArticlePatent Drafting: Understanding the Enablement Requirement
The enablement requirement is specifically aimed at ensuring the claimed invention is described with sufficient detail so the relevant person of skill in the art or technology area will understand both...
View ArticlePatent Drafting Webinar: Trends and Realities of 112 Disclosure Requirements
Join Gene Quinn on Thursday, November 9 at 2:00 PM ET for a free webinar conversation on the trends and reality of 112 disclosure requirements. Gene will be joined by Todd Van Thomme, a shareholder...
View ArticleA Primer on Indefiniteness and Means Plus Function
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...
View ArticleClaimed and prior art ranges must have meaningful difference for nonobviousness
Patent claims can recite a numerical range and a patent can be awarded based on the novelty and nonobviousness of the claimed range. Normally, compositions are claimed in this manner but other types of...
View ArticlePatenting Antibodies: Written Description Considerations in Antibody Patents
The Amgen v. Sanofi decision put most functional antibody claims into question, including epitope and competitive binding claims, as well as antibody claims based on a newly characterized antigen....
View ArticlePatent Applications 101: Drawings Really Should be Required
Better practice remains to file applications with any and all drawings necessary to understand the invention. The best practice is not only to file what is necessary, but to also file drawings that go...
View ArticleHow to Write a Patent Application
Writing a patent application is not as easy as many think. Indeed, the concept of usefully describing the invention, which on its face seems easy enough to understand, is not as straight forward as it...
View ArticleWriting a Software Patent Application
Any good patent application that covers a software related invention will need to put forth three specific pieces of information. First, you need to describe the overall computer architecture of the...
View ArticlePatent Drafting Basics: Instruction Manual Detail is What You Seek
In some important ways a patent application should be akin to an instruction manual, but unlike the aforementioned BBQ grill, the reader of relevant skill in the area is the one that should be able to...
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