Opportunity for Equivalents in Claim Amendments

It is commonly held that the doctrine of equivalents is lost when claim amendments are made during patent prosecution.  That is, any claim amendment that is made during patent prosecution surrenders or gives up elements which are equivalent to those elements claimed in the amendment.  Surrender of the […]

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 […]

Decreasing Ambiguity in Claims

A well-written claim should not be ambiguous.  At least, that is one goal.  Yet, language is full of imprecision, many words have multiple dictionary definitions, and ofttimes lengthy and complex grammatical constructions in patent claims give rise to multiple possible interpretations.  How can we reduce ambiguity in claims? […]

Inventions and the Ecosystem of Ideas

There are some striking parallels between inventions and living organisms, and between technology in a consumer marketplace and an ecosystem.  Insights gained through the comparisons may be beneficial to inventors, companies, consumers and the patent community.  What are the connections?  To review, living organisms exist in an ecosystem, […]