Strategies for Functional Patent Claims

The Federal Circuit’s decision to weaken the presumption against interpreting patent claims under 35 U.S.C. § 112(f) (or 112, sixth paragraph), in Williamson v. Citrix Online, LLC, in 2015, highlighted the challenges that functional claiming has faced in recent years.  At the AIPLA’s 2017 Annual meeting, I was part of a panel talking about these challenges.  The basic takeaway?  Functional claiming can be impossible to avoid, so embrace it.  Here are links to my presentation on functional claiming strategies and the accompanying paper providing background into the law of Section 112(f), which provide more detail.

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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