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Is extrinsic evidence necessary to resolve: claim construction disputes?

Article Abstract:

The article discusses the Markman model, the Multiform model, and the AAI model of resolving patent claim construction disputes, and gives cases using each model as examples. The Markman and the multiform models use only the intrinsic record, with linguistic implausibility provides the solution in the Markman model cases. In the AAI model cases, both proffered constructions are linguistically plausible and are consistent with the invention's pruposes, and the narrower one is selected.

Author: Y'Barbo, Douglas
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
Interpretation and construction, Patent licenses, Patent licensing

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Globalization, patent reform, and patent professional services

Article Abstract:

The impact of economic globalization and of potential reform in the patent law on the patent profession are discussed. A comparison of patent lawyers' fees in 35 developed and emerging market economies finds that in most countries, the lawyers will face revenue declines and that the increased stimulus to trade may not suffice to offset these.

Author: Park, Walter G.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2001
Analysis, Patents (International law), International economic relations

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Patent claim construction: a graphic look

Article Abstract:

Patent claims are analyzed using Venn diagrams to help non-patent attorneys understand the 'metes and bound' approach to patent claims. Venn diagrams can be used to depict patent concepts such as infringement, prior art, the doctrine of equivalents, and file history estoppel.

Author: Brainard, Thomas D.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
Models, Patents, Venn diagrams

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Subjects list: United States
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