Topic
Patent Claims
79 published works
Patent Law Weblog
Ex parte Chowdhury (PTAB 2026)
By Kevin E. Noonan –On August 25th, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office designated as Informative its decision in Ex parte Chowdhury,…
The IPKat
BREAKING: When real doubt hits – G1/25 changes the description adaptation requirement for the worse
G 1/25, issued today, holds that the description must be adapted only where an “inconsistency” between the claims and description causes non-compliance with another requirement of the EPC. Legal basis…
Duane Morris Life Sciences Law
Ambiguity of Measurement Conditions for Relevant Chemical Property Leads to Federal Circuit Affirming Noninfringement of Epoprostenol Patents
By Duane Morris
By Thomas J. Kowalski, Ryan C. Smith, Ph.D. and Brandon A. Chan, Ph.D. Numerical patent claim limitations can be helpful to both define the metes and bounds of the claimed subject…
Biosimilars Law Bulletin
Much Ado About “About”
By Michael Ellenberger, Jennifer P. Nock, Aydin H. Harston
Recent decisions across the Federal Circuit and district courts reflect a tightening approach to approximation in patent claims. In Enviro Tech Chemical Services, Inc. v. Safe Foods Corp., the Federal…
Biosimilars Law Bulletin
One is the Loneliest Number: Can Single-Patient Case Studies Provide an Enabling Basis for Patent Claims?
By Gregory DeLassus, Aydin H. Harston
The U.S. Court of Appeals for the Federal Circuit recently issued a non-precedential Rule 36 affirmance of the Patent Trial and Appeal Board (PTAB) in In re Adhami, No. 2024-1218,…
Patentology Blog
Seeking Patent Professionals to Help Train AI Models to Assess Claim Scope
Those of you who have been following my journey over the past couple of years will be aware that I am currently conducting PhD research at Melbourne Law School, investigating…
Global IP & Technology Law Blog
The USPTO Re-Explains What “Means” Means
On March 18, 2024, the United States Patent and Trademark Office (USPTO) issued a Memorandum containing guidance to help patent examiners analyze claim language that may be interpreted as “means-plus-function”…
Prosecution First Blog
Life Sciences Patent Drafting Tool: MPF Claims
By Adriana L. Burgy Stacy Lewis
Means-plus-function (“MPF”) claims define an element, in a combination claim, by its function instead of its structure. Under 35 U.S.C. § 112(f), the statute reads:Read more
Life Sciences Perspectives
USPTO Director Issues Precedential Review Decision Regarding Multiple Dependent Claims
Director Katherine Vidal of the U.S. Patent and Trademark Office (“USPTO”) issued a precedential review decision with respect to the interpretation of multiple dependent claims, in a case of first…
IP Intelligence
Claim Terms Are Not Necessarily Interpreted by Patents Incorporated by Reference
By Scott Conley
Finjan LLC v. ESET, LLC, Appeal No. 2021-2093 (Fed. Cir. 2022). The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a…