Tag Archives: Definiteness

Supreme Court Adopts Reasonable Certainty Test For Definiteness

On June 2, 2014, the Supreme Court issued a unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., rejecting the Federal Circuit’s “insolubly ambiguous” test for patent claim indefiniteness under 35 USC § 112, and instead adopting a “reasonable certainty test.” The Court vacated the Federal Circuit decision rendered under the “insolubly ambiguous” test, and remanded for … Continue reading this entry

USPTO Releases Examination Guidelines On "Definiteness"

On February 9, 2011, the USPTO issued “Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. § 112” and “Supplemental Information for Examining Computer-Implemented Functional Claim Limitations.” The Guidelines have immediate effect, but the USPTO will consider written comments received by April 11, 2011. 35 USC § 112, Second Paragraph The Guidelines relate primarily to the “definiteness” … Continue reading this entry