USPTO Issues Supplementary Examination Guidelines Explaining the Requirement for Clarity in Patent Claims
Policy Analysis: IP, March 2011
SMU Dedman School of Law Legal Studies Research Paper No. 107
4 Pages Posted: 3 Sep 2012 Last revised: 17 Jan 2013
Date Written: March 14, 2011
Abstract
The US Patent and Trademark Office (USPTO) recently published Supplementary Examination Guidelines on the requirement that proper patent claims must allow the public to clearly distinguish what infringes from what does not. The Guidelines focus to some degree on computer-implemented inventions. The Guidelines acknowledge that computer implemented inventions have “unique examination issues.” But the Guidelines are important to patent applicants in all fields, perhaps more so in newer technologies with developing terminology, or where the invention is otherwise difficult to put into words.
Keywords: Supplementary Examination Guidelines
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