4
votes
Accepted
What does "discretionary inquiry" mean?
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 ...
- 415
3
votes
What does "in a further preferred embodiment" refer to in a patent?
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, ...
- 5,827
3
votes
Accepted
What Does Exemplary Mean?
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" ...
- 25.6k
2
votes
Difference between patented and protected
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 ...
- 1,129
2
votes
"embodiment" vs. "invention"
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 ...
- 9,712
2
votes
What constitutes a technical field?
"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 ...
- 25.6k
1
vote
"embodiment" vs. "invention"
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 ...
- 341
1
vote
What is "TEEBITOEY" and how does it relate to this patent?
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 ...
- 816
1
vote
Patent terminology: schematic vs diagrammatic views
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 (...
- 19
1
vote
Accepted
Patent terminology: schematic vs diagrammatic views
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 ...
- 491
1
vote
Accepted
Patent infringement litigation - bad faith
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;” “...
- 25.6k
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