Monthly Archives: April 2015

Merely Scaling Up of a Known Process is Not Patentable

Sometimes it is hard to know what the U.S. Patent Office will decide when allowing some patent claims over others. How much novelty is needed? The Manual of Patent Examining Procedure gives some guidance, and mere changes in size or dimension over a known solution is not enough. MPEP (MPEP) 2144.04(IV)(A) references two cases: In […]

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U.S. Supreme Court Requires Definiteness in Patent Claims

This post updates and supersedes my earlier post where the Federal Circuit ruled that it is allowable to have a certain amount of ambiguity in patent claims. The standard articulated was that a claim was indefinite “only when it is not amenable to construction . . . [or] insolubly ambiguous.” Slip Op. at *7. SPOILER ALERT: the Supreme […]

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