U.S. Court Decisions Impacting Drafting and Prosecution of Today’s Patent Applications That Will Become Tomorrow’s Patents

In the U.S., patent applicants face numerous difficulties in obtaining allowance of claims having a scope adequate to provide a meaningful degree of protection. After a patent is granted, validity challenges arise in various post-grant proceedings at the USPTO and through traditional litigation channels. Even if a patent withstands a validity attack, U.S. court decisions provide numerous examples of patent claims being construed narrowly, often due to missteps that arose when a patent application was drafted or prosecuted. With so many potential pitfalls, patent applicants need to act during drafting and prosecution to strengthen their applications so they survive. This means particular attention needs to be paid to drafting the patent application and prosecuting the application to obtain a patent that will withstand scrutiny.

Join us for a discussion of recent case law that impacts drafting and prosecuting patent applications. Topics to be discussed include:

• Application drafting tips and considerations in view of recent U.S. court decisions
• Prosecution strategies to withstand third party validity challenges
• Claim drafting strategies across various technology fields to enhance the scope of patent protection and avoid unduly narrow claim scope

Recorded: View On Demand

Moderator:
Ningling Wang

Speakers:
Adriana L. Burgy
Anthony M. Gutowski