October 2012
Of Disparagement, Disavowal, and Unreasonableness at the USPTO
There are many things that the U.S. Patent and Trademark Office (USPTO), or a district court judge in litigation, considers during the slippery process of claim construction. Among the less-sharply defined criteria is whether an applicant or patentee disparaged or disavowed a particular approach to practicing the invention.
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Potential Pitfalls of Broad Claim Language
When drafting patent claims, patentees generally attempt to draft the broadest set of claims possible in order to benefit from the full scope of their inventive contribution. To pass muster at the U.S. Patent and Trademark Office (USPTO) these broad claims, given their broadest reasonable interpretation, must have sufficient support in the patent specification.
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