In the last few posts, I discussed how to interpret “means plus function” clauses and used the U.S. 6,289,319 Patent issued to Lockwood as an example. In this post, I will continue my analysis of certain claim elements of U.S. 6,289,319 Patent. Recall from previous posts, the US 6,289,319 Patent contains a single independent claim […]
In the last few posts, I discussed how to interpret “means plus function” clauses and have gone into great depth analyzing the U.S. 6,289,319 Patent issued to Lockwood as an example. In this post, I will, at long last, finalize my analysis of the first “means-plus-function” claim element of U.S. 6,289,319 Patent. Recall from previous […]
In the last few posts, I discussed how to interpret “means plus function” clauses and used the U.S. 6,289,319 Patent as an example. In this post, I will continue my analysis of certain claim elements of the U.S. 6,289,319 Patent. I apologize in advance for the length of this post. Recall from previous posts, the […]
In my last post, I discussed how courts construe “means plus function” clauses in a patent claim. I also discussed the danger for patent owners when they rely upon means plus function clauses if there is no corresponding structure and/or no clear link to the structure in the patent specification. Recall that “means-plus-function” clauses are […]
In a previous post, I explained that when courts usually interpret or “construe” claim terms, they first look to the plain and ordinary meaning of the claims, then they look to the specification for unique definitions or use of the terms, they also look to the prosecution history, and finally they review extrinsic sources, such […]
A patent is a bargain an inventor makes with the government. The inventor increases public knowledge by disclosing the invention. In return, if the U.S. Patent and Trademark Office (“USPTO”) believes that invention meets the statutory requirements, the inventor receives a monopoly as defined by the claims of the patent. Thus, patents may be thought […]
Many companies or inventors unknowingly engage in activities which essentially forfeit their right to file for U.S. and international patents. Patent attorneys call these activities “statutory patent bars” because the patent statute lists several activities which will “bar” an inventor or company from obtaining a patent. The Good Old Days: Before 2013, U.S. patent law […]
U.S. patent law specifies the general field of subject matter that can be patented and the requirements for a patent. The purpose of these requirements is to make sure that the bargain between the government and the inventor or applicant is “equal” or balanced. In other words, the law is designed to prevent the patent […]
Many companies or inventors unknowingly engage in activities which essentially forfeit their right to file for a U.S. patent. Patent attorneys call these activities “statutory patent bars” because the patent statute lists several activities which will “bar” an inventor or company from obtaining a patent. The modern patent statute goes back to 1952. Since 1952, […]
For those interested in single short book explaining the patent process and what it means to own a patent, “A Simplified Guide to the Patents” is now available in ebook form on Amazon. The link to the book is here. This book is intended for entrepreneurs, small business owners, general practice lawyers, investors, and others […]