Of text, technique, and the tangible: drafting patent claims around patent rules

Article Abstract:

Claim drafters tend to thwart congressional intent and judicial reasoning by skillful claim drafting linking the scope of proprietary patent rights with the format of the claim. and the format of a patent claim should play a significant part in determining the proprietor's substantive rights. The courts should use phenomenological techniques in determining whether the ontic dimension of a technology lies in technique or artifact. Nonobviousness should also be a requirement for patentability, and this would be an additional reason to reject Beauregard-style claims.

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A new frontier in patents: patent claims to propagated signals

Article Abstract:

The "propagated signal" patent claim is the new frontier in intellectual property law after In re Beauregard and is a claim directed to a manufactured transient phenomenon, such as an electrical, optical or acoustical signal. The Patent and Trademark Office seems to fully support this type of claim, at least in the electrical signal context. Until the Court of Appeals for the Federal Circuit specifically rules on the legality of the propagated signal patent claim, it is wise to include the more conventional apparatus and method claims in the application.

Computers, Digital computers, Electronic circuits

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