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- CHAPTER 2 Patent Claims
CHAPTER 2 Outline
Jurisdiction | United States |
CHAPTER 2
Patent Claims
§2.01 Introduction
[A] Statutory Basis: 35 U.S.C. §112(b)
[B] The Paramount Role of Patent Claims
[C] Definition of a Patent Claim
[D] Public Notice Function
[E] Peripheral Versus Central Claiming
[F] Fundamentals of Patent Claim Construction
[1] "Own Lexicographer" Rule
[2] Default Rule: "Ordinary and Customary" Meaning
[3] Claim Interpretation in the USPTO: "Broadest Reasonable Construction" Rule
§2.02 Components of Patent Claims
[A] Preamble
[1] Introduction
[2] Preamble Language as Claim Limiting
[B] Transition
[1] "Comprising"
[2] "Consisting of"
[3] "Consisting Essentially of"
[4] Other Transition Terminology
[C] Body
§2.03 Dependent Patent Claims
[A] Statutory Basis: 35 U.S.C. §§112(c)-(e)
[B] Claim Groupings
[C] Multiple Dependent Claims
[D] Claim Differentiation Principle
§2.04 Claim Definiteness Requirement
[A] Statutory Basis: 35 U.S.C. §112(b)
[B] Perspective for Determining Claim Definiteness
[C] Definiteness Standard: Nautilus v. Biosig (U.S. 2014)
[D] Representative Examples of Definite and Indefinite Claim Terms
[1] Representative Examples of Definite Claim Terms
[a] Orthokinetics (1986)
[b] Verve, LLC (2002)
[c] Young (2007)
[d] Hearing Components (2010)
[e] Nautilus III (2014)
[f] Sonix (2017)
[g] One-E-Way (2017)
[2] Representative Examples of Indefinite Claim Terms
[a] Datamize (2005)
[b] Interval Licensing (2014)
[c] Teva III (2015)
[d] Dow Chemical II (2015)
[e] IBSA Institute Biochimique (2020)
[E] Judicial Correction of Harmless Errors in Claims
[F] Use of Antecedent Basis in Patent Claims
[G] Indefiniteness Standard in the USPTO
[H] Extending the Definiteness Requirement to Non-Recited Properties
§2.05 Specialized Claiming Formats
[A] Means-Plus-Function Claims
[1] Functional Claiming Generally
[2] Statutory Basis: 35 U.S.C. §112(f)
[3] The Interpretation and Scope of Means-Plus-Function Elements
[a] Scope-Narrowing
[b] Corresponding Structure
[c] Algorithms for Computer Structures
[d] "Equivalents Thereof"
[4] Presumptions Regarding "Means" Claim Elements
[a] Claim Elements Including the Word "Means"
[b] Claim Elements Not Including the Word "Means"
[B] Product-by-Process Claims
[C] Jepson Claims
[D] Markush Claims
[E] Beauregard Claims
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- CHAPTER 2 Patent Claims
- CHAPTER 2 Outline
- Chapter §2.05 Specialized Claiming Formats
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