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Legal Lessons from Holiday Lights: Clarity in Patent Drafting

LexBlog IP

patent law, patent claims must particularly point out and distinctly claim an invention, such that a person skilled in the relevant field can understand the scope of the subject matter. Indefinite language refers to language that is ambiguous, unclear, or too vague.

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[Audio] How to Write a Technical Disclosure for Patent Drafting

JD Supra Law

The technical disclosure should contain the following contents, technical background, purpose of the invention, technical solutions, embodiments, technical effects, alternative solutions, and references. Now let's discuss each one in turn. By: Linda Liu & Partners

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Adding matter by cherry-picking from separate embodiments: Philip Morris v BAT ([2023] EWHC 2616 (Pat))

The IPKat

This approach to drafting is sometimes characterised as being in conflict with a US style approach, in which reference to "the invention" or broad references to "preferable" features are considered "patent profanities" that should be avoided in order to prevent unhelpful claim construction during US litigation.

Invention 113
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The Analogous Art Doctrine Post-KSR: Insights from the Federal Circuit’s Daedalus Decision

Patently-O

8,671,132 (‘132 patent) unpatentable under 35 U.S.C. § 103 over combinations of prior art references. The key issue on appeal was whether the Gelb reference qualified as analogous art for the purposes of the obviousness analysis. Daedalus Blue LLC v. Vidal , No. 2023-1313, slip op. In re Bigio , 381 F.3d 3d 1320 (Fed.

Art 68
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Narrowing the Analogous Arts with a Problem-Solution Statement

Patently-O

The Patent Trial and Appeal Board’s sided with the patentee, holding that a key prior art reference was not analogous art. This case also raises questions about the value of explicitly stating the problem solved within the patent document, and perhaps directly in the patent claims. 22-1138, — F.4th

Art 55
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Artificial Intelligence And Subject Matter Eligibility In U.S. Patent Office Appeals – Part Two Of Three

Intellectual Property Law Blog

These decisions inform strategies to optimize patent drafting and prosecution for artificial intelligence and machine learning related inventions. The result under the second prong is also interesting given the PTAB’s determination that the machine learning claim limitations were not taught by the cited prior art references to date.

Patent 275
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EPO Decisions – The Not So Holy Grail?

SpicyIP

These concerns were raised in a meeting with the IPQC, and Kluwer Patent Blog subsequently highlighted the critical letter sent by Beat Weibel, the chief IP counsel of Siemens, to the EPO. – The patent system needs complete searches and substantive examination for functioning well. The Court in Microsoft Technology Licensing v.