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Landis on Mechanics of Patent Claim Drafting

5th Edition
ISBN Number: 0-87224-054-1
Number of Volumes: 1
Page Count: 965 pages
Detailed Table of Contents (.pdf)
Table of Authorities (.pdf)
Supplement Release Information (.pdf)

Overview

Landis on Mechanics of Patent Claim Drafting provides you with the uniquely clear, complete, and systematic guidance that enables you to avoid problematic terms and structural problems and draft the most effective claims for any kind of invention.

Landis spotlights preferred claim drafting practices and techniques and stylized words and definitions that have gained validity over the years through case law, custom, and PTO rules and memoranda. Equally useful to seasoned patent attorneys and newcomers to the field, Landis offers:

  •  Start-to-finish directions for each type of claim apparatus or machine, method or process, composition of matter, article of manufacture, and biotechnology
  • Model claims for computer inventions, biotechnology inventions, machines, processes, plants, design, and much more
  •  Advice on reviewing your claims so that you catch errors and weed out superfluous language
  • Real-world examples of dependent claims, Jepson claims, generic and species claims, subcombination claims, and more
  • Technical dos and donts that help you steer clear of typical claims traps and pitfalls
  • Quotations from claims on appeal and in litigation that illustrate limitations and phrases which have been approved or rejected
  • Discussions of case law behind various non-art rejections, covering both classic rules and modern trends

As always, Landis gives you the very latest word on patent claim drafting, including a new sample exercise for drafting business method claims.

You'll learn new ways to deal with claims that involve numerical ranges -- how to understand the different treatments of preamble language, including the CAFCs Catalina Marketing guidelines -- how the CAFC treated the unusual Markush grouping in the Abbott Laboratories case -- how the CAFC interprets "substantially", "essentially", "similar", and other words of approximation, and why "about" has been held not to be per se indefinite -- why not only "more" and "less" but also "rich" and "high" are comparative words -- how PTO Utility Examination Guidelines address the issue of utility standards for gene and gene fragment patents -- and how new case law affects means or step clauses, alternative expressions, and product-by-process claims. Plus, the text has been redesigned and reorganized for ease of use.

 

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Authors & Contributors

Author(s)

Robert Faber, Ostrolenk Faber Gerb & Soffen

Chapter Listing


 Statutory Provisions-Some Basic Principles
 Claim Forms and Formats in General
 Apparatus or Machine Claims
 Method or Process Claims
 Article of Manufacture Claims
 Composition of Matter Claims-Chemical Cases
 Claims of Varying Scope
 Nonart Rejections
 Claiming Biotechnology Inventions
 Thoughts on Writing a Claim
 Appendix A: Claim-Drafting Principles and Practice in Claim-Drafting Techniques
 Appendix B: The Art of Describing Structures in Patent Drawings Including a Glossary of Mechanical Terms
 Appendix C1: Primary Sources: Title 35 United States Code (Selected Sections)
 Appendix C2: Primary Sources: Rules of Practice (Selected Sections)
 Appendix C3: Primary Sources: Manual of Patent Examining Procedure (Selected Sections)
 Appendix D: Glossary and Index of Patent Terms
 Table of Authorities



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