Category: claim term

Arguing Definitions in Patent Prosecution

Claim terms are given a broadest reasonable interpretation (BRI) consistent with the specification, ideally.  Occasionally, a USPTO examiner interprets a claim term in a manner different from what the applicant in a patent application intended, in order to make a rejection of the claims during patent prosecution.  Available […]

Testing a Patent Application Claim

During the drafting process, claims in a patent application may be written, edited, revised, reviewed in-house, revised again, reviewed by a client, and revised yet again, or have some subset of these applied to it.  But, is the claim good enough?  Here are some tests we like to […]

Musings regarding the Doctrine of Equivalents

Claims in an issued patent protect a patented invention against infringement.  In a case involving alleged infringement, the essential objective inquiry is: “Does the accused product or process contain elements identical or equivalent to each claimed element of the patented invention?”  Warner-Jenkinson Co. v. Hilton Davis Chemical Co., […]