Tag Archives: Functional Language

CAFC Says Functional Claim Language Does Not Create Divided Infringement

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a divided infringement situation, even though an independent actor could impact whether the functional limitation was met. Under the court’s decision, since the limitation was a negative one, an independent actor could negate infringement, but his … Continue reading this entry

Federal Circuit Holds Patentee To Functional Claim Language

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its  established scientific meaning, even though the exemplified embodiment was shown not to be a “monooxygenase.” This case illustrates the risks of functional claim language, particularly if the recited function is … 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