4

Demands for a "simple discretionary inquiry" happens when a court disagree with the Federal circuit imposition of a “clear and convincing evidence” standard on a party seeking to establish entitlement to attorney’s fees. The demands for a "simple discretionary inquiry" is under section 285, which means it imposes no specific evidentiary burden, much less ...


3

It means “the following limitation is optional“. In Europe for example, if you describe an example with limitations a, b and c only, you cannot claim a and b without c. If however you say a, preferably plus b, more preferably c or c and b, it is clear that a can be combined with b and/or c. It is a (very important) formal thing. If you look for it, you ...


3

In the past it was always understood to mean 'example' and that is what the drafter of the patent application surely meant. But more recently when people started to be wary of "preferred embodiment" possibly being taken by a judge as "only embodiment" they also realized the other meaning of the word exemplary. If preferred embodiment might be a problem then ...


2

I can't speak for patent attorneys since I'm not one, but in my mind the words "invention" and "embodiment" aren't synonyms. An embodiment is a particular way of implementing the invention. When a patent gets drafted, there is usually a preferred embodiment and several alternative embodiments. The idea is to make it harder for others to design around the ...


2

I don't think I've ever heard "protected" as a legal term, at least in this context. Patents are a form of protection, but I definitely wouldn't call them synonymous. It would help to see an example where "protected" is used in lieu of "patented", but pending that, I'm inclined to say that this is a marketing ploy to make it sound like the invention is ...


2

"Technical Field" is not a defined term in patent law in the U.S. Before Alice, "technical" was not any part of the analysis in determining patentably. In Europe and many other places "having a technical effect" is an important requirement in the law, but not in the U.S., although the Supreme Court now frequently rules as if it was. You mention that games ...


1

As a former patent attorney, I recall routinely including terminology referring to "these and other embodiments of the disclosed invention..." as a way to help a reader more clearly focus on the fact that only the CLAIMS in a patent have any legal weight. A potential infringer cannot avoid liability by simply implementing "another embodiment" of the claimed ...


1

Before Octane the standard was “objectively baseless”. Looking portions of the transcript of the case there was an attempt to find words to use to draw a line. Octane proposed: “meritless;” “objectively meritless;” “without substantial merit;” “low likelihood of success;” “unreasonable;” “unreasonably weak;” “a little bit lower than [the Rule 11] standard” ...


1

In reviewing 18 of those that I could find on the Internet, I don't think Teebitoey is a word, indeed I think it is a slight mistake that Google's OCR has made. This excerpt has the word TERRITORY at the top of the page, but Google has recognised it as TEEBITOEY.


1

Big difference in electronics. An electrical diagram show the sections of a circuit in a flowchart style without regard to physical space or connection of individual components. A schematic shows (from left to right)the signal path and every individual component in it's relationship to the other components, including it's type, rating, polarity, etc. One ...


1

No, those terms really do not have special distinct meanings in patent law (cf. comprising or consisting of). Generally however, the term "diagrammatic drawing" might be used for a simplified drawing which somewhat resembles the object, whereas the term "schematic drawing" might indicate something more abstract, having simply boxes or abstract symbols for ...


1

David, The answer to your question can vary by Examiner. Technically, anything not disclosed in the spec can be considered new matter and face a 112 rejection, but some examiners are more lenient than others. Without knowing the specifics of your disclosure and/or claim language your question is difficult to address, but if you are concerned that mixing ...


1

They can be very sensitive to anything added in the spec or drawings unless it is already presented in one place and you are also putting it somewhere else, it is a dictionary definition and if the word has more than one meaning the one you intended is already clear, it is an obvious error with an obvious fix, or it is "inherent". You might need an affidavit ...


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