Transitional Phrases – Claim Construction
On August 17, 2006, the Federal Circuit decided Conoco, Inc., et al. v. Energy & Environmental International, L.C., et al., Fed. Cir., No. 05-1363, 8/17/06. The patent in suit relates to a drag...
View ArticleMeans plus function without the MEANS trigger
Means plus function language in a claim appears to be a broad form of claiming one’s invention. However, Congress by statute has limited the breadth of these types of limitations to those embodiments...
View ArticleProduct By Process Claims
The claims define the metes and bounds of patent protection afforded under a patent. The claims can be drafted in many different ways. For example, the claims can recite a method, an apparatus or a...
View ArticleProduct by process claims are limited to the recited process
One of the most important sections of a patent specification is the claims. The reason is that the claims define the metes and bounds of patent protection afforded under the patent. For example, the...
View ArticleMisconceptions of Provisional Patent Applications
After an inventor conceives of an invention, an application seeking patent protection may be filed with the United States Patent and Trademark Office. The first or initial patent application may either...
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Predicting litigation is difficult and patent drafting tips
The following case illustrates the difficulty in being able to predict the outcome of patent litigation. It also provides hints at improving ones patent drafting technique. During patent litigation,...
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