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Supreme Court Mandates More Patent Claim Clarity

By Darren Donnelly
July 02, 2014

In Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 572 U.S. __ (2014), a unanimous Supreme Court held that the test for patent claim definiteness in 35 U.S.C. '112, '2 (2006) “require[s] that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty.” Vacating a Federal Circuit opinion applying that court's test, the Supreme Court concluded that such test “lack[ed] the precision '112, '2 demands,” and could “breed lower court confusion.”

'Definiteness' Requirement For Patent Claims

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