USPTO Issues Supplementary Examination Guidelines Explaining the Requirement for Clarity in Patent Claims

4 Pages Posted: 3 Sep 2012 Last revised: 17 Jan 2013

See all articles by W. Keith Robinson

W. Keith Robinson

Wake Forest University School of Law

Rouget Henschel

Foley & Lardner

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

Suggested Citation

Robinson, W. Keith and Henschel, Rouget, USPTO Issues Supplementary Examination Guidelines Explaining the Requirement for Clarity in Patent Claims (March 14, 2011). Policy Analysis: IP, March 2011, SMU Dedman School of Law Legal Studies Research Paper No. 107, Available at SSRN: https://ssrn.com/abstract=2140378

W. Keith Robinson (Contact Author)

Wake Forest University School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
3367582230 (Phone)
3367584496 (Fax)

Rouget Henschel

Foley & Lardner ( email )

150 East Gilman Street
Madison, WI 53701
United States

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