In Johnson & Johnston Assocs. v. R.E. Service Co., 285 F.3d 1046 (Fed. Cir. 2002) the Federal Circuit turned at least one aspect of patent drafting practice on its ear.
Patent Drafting after Johnston
In <i>Johnson & Johnston Assocs. v. R.E. Service Co.</i>, 285 F.3d 1046 (Fed. Cir. 2002) the Federal Circuit turned at least one aspect of patent drafting practice on its ear. Before <i>Johnson</i>, generally accepted patent drafting techniques encouraged the disclosure of alternative subject matter in the specification, particularly for claimed elements of the invention, in order to possibly broaden the scope of the claims of the resultant patent. Post Johnson, such practices may clearly backfire as the court held that subject matter disclosed in a patent's specification, but not claimed, is dedicated to the public. Although Johnson may well have a major impact on claim drafting techniques, this case will likely have a greater impact on techniques used for drafting the patent specification.
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Norman E. BrunellThis premium content is locked for The Intellectual Property Strategist subscribers only
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