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Claims

Jul 03, 2018

“Commensurate in Scope with the Claims”: Misphrased?

If you’ve been prosecuting patents for any significant length of time, you’ve probably been hit with the objection that your data, while surprising and unexpected, are not “commensurate in scope with your claims.” Maybe you have some understanding of what this phrase means. » Read More

May 29, 2018

Inventorship: If it Walks Like a Dog, Barks Like a Dog, and Looks Like a Dog, it Must Be a Dog

At the beginning of May, the Federal Circuit weighed in on a wacky inventorship dispute in In re VerHoef.

When it comes to co-inventorship, it can be in one’s best interest to play nicely.

It seems, the main inventor, Jeff H. » Read More

Mar 20, 2018

The Patenting Process (Never Give Up!)

The patenting process begins with an “application.”  A patent application is different than what the title “application” normally implies.  This is not a form that one might fill out, as is the case with most normal applications.  Instead, a patent application is a detailed, written description of the invention (referred to as a “specification”), ending with a set of “claims.”  The specification is akin to a textbook article describing the invention.  » Read More

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