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About "about" and other imprecise claim terms

Article Abstract:

Proper use of terms that are imprecise and yet satisfy the definiteness requirement for patent claims can be an effective way to broaden the scope of a claim. Indefinite terms such as "about," "approximately" and "substantially" have been accepted by US courts and can provide uncertainty that makes designing around a patent more difficult. Indefinite terms must only be used when the outer boundaries are actually uncertain and must be used consistently throughout the application process.

Author: Dilworth, Peter G.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996

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Law note: In re Lowry and printed matter

Article Abstract:

Analogies to DNA patents are not a sufficient basis for arguing that software on computer disks should not be denied patents because they contain printed matter. Mathematical algorithms, which have been found unpatentable, are more analogous to software programs. The printed matter restriction has a logical basis, and when printed matter bears some functional relationship to its substrate, patents of the printed matter may be appropriate.

Author: Lerner, Martin D.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
Software, Criticism and interpretation, Intellectual property, Toedt, D.C., III

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Subjects list: United States, Interpretation and construction, Patent law
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