Watch Your Language: Patent claim intent versus interpretation

Shireen Marshall of Elevated IP will present for the Boulder County Bar Association on October 13, 2016 at 12 pm. Please register on the BCBA website to receive continuing legal education (CLE) credit, and join us for a lively discussion.

Watch Your Language: Patent claim intent versus interpretation

This discussion will reveal some surprising disconnects between common patent drafting practices and reviewer interpretations. Recent court and patent office decisions will be used to highlight issues surrounding open-ended ranges, functional language, and the broadest reasonable interpretation of patent claims. These issues are not only prosecution hurdles, but they are gaining popularity in post-grant challenges where both a broadest reasonable interpretation and a strict amendment standard apply. This new arsenal for patent challengers should give patent drafters heightened incentive to watch their language.