The first book to help patent practitioners draft the broadest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law.
You’ll discover in-depth discussions on pitfalls in claim drafting; dangers of means-plus function clauses in claims; strategies to target direct infringers; recent trends regarding the scope of enablement; instructions on how to “Festo-Proof” a patent application; pitfalls with provisional patent applications; strategies for continued prosecution of patents; statutory subject matter problems affecting software, business method and biotechnology patents; creative claim drafting to avoid common problems in chemical and pharmaceutical patents; and strategies for maximizing design patent protection.
The new Second Edition has been extensively revised to address passage of the Leahy-Smith America Invents Act (AIA), including supplemental examination of patents under AIA.
The 2014 Supplement includes examination of the Federal Circuit’s treatment of ambiguity in patent drafting in 3M Innovative Props. Co. v. Tredegar Corp. and new discussion of USPTO’s Subject Matter Eligibility Guidelines as well as discussion of the Supreme Court’s activity in the following cases:
- Limelight Networks, Inc. v. Akamai Techs., Inc.
- Alice Corp. v. CLS Bank, Int’l
- Nautilus, Inc. v. Biosig Instruments, Inc.
- Association for Molecular Pathology v. Myriad Genetics