Can you use the word or in a patent claim?
Can you use the word or in a patent claim?
“Or” may mean: A or B, but not A and B. If a claim uses “or” it may be interpreted to mean a choice between two items, but not both.
What is patent profanity?
Patent profanity is a real thing. Essentially, what Patent Profanity refers to is the use of certain words that arguably limit the scope of a claim or alter the meaning. Often these words are found in the specification section of a patent.
What is Markush language?
A Markush group is a claim drafting tool used to capture various alternative elements or species in a single claim. A typical Markush group is structured using the following language: “selected from the group consisting of A, B, and C” or “selected from the group consisting essentially of A, B, and C.
Where can I appeal a patent infringement case?
Patent Cases on Appeal. Unlike non-patent cases, which are appealed to the appropriate circuit court of appeals depending on the district court’s geographic location, all appeals of patent infringement claims are heard by the US Court of Appeals for the Federal Circuit (Federal Circuit), which sits in Washington, DC.
What kind of language can I use in a claim?
Applicant may use functional language, alternative expressions, negative limitations, or any style of expression or format of claim which makes clear the boundaries of the subject matter for which protection is sought.
When does a patent claim have to be definite?
In patent examining parlance, the claim language must be “definite” to comply with 35 U.S.C. 112 (b) or pre-AIA 35 U.S.C. 112, second paragraph. Conversely, a claim that does not comply with this requirement of 35 U.S.C. 112 (b) or pre-AIA 35 U.S.C. 112, second paragraph is “indefinite.”
Can a conditional limitation invalidate a patent claim?
An examiner can invalidate both examples based on Schulhauser. Schulhauser suggests that certain conditional limitations in method claims can be given patentable weight because a method claim requires that specific steps are performed with respect at least one condition. See id.