To date the United States Court of Appeals for the Federal Circuit has not explicitly required district courts to conduct a formal claim construction prior to determining whether a patent claim is directed to patent eligible subject matter. How one can know whether a patent claim is directed to patent eligible or patent ineligible subject matter without a full-blown claim interpretation is a mystery. It is axiomatic that one cannot know what a claim actually covers unless and until a proper analysis is conducted. Yet, district court judges somehow know with certitude what a claim covers while doing nothing more than a facial review of the claim that would be considered a defective and reversible claim construction if done at a later stage of the proceedings when actually attempting to define the metes an bounds of the claim.
The post Is the Federal Circuit Closer to Requiring a Real Claim Construction for Patent Eligibility? appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- The SEP Couch: Lyse Brillouet on Managing SEPs and Open Standards
- Unveiling The Untapped Potential of Brazil’s Solar Energy Market
- AI Armor: Learn How to Harness AI to Invest in Your Company’s Future
- Other Barks & Bites for Friday, April 19: European Court Rejects Pablo Escobar Trademark; Federal Agencies Launch Anti-Competitive Healthcare Practices Portal; and Reddit Cracks Down on Copyright Infringement
- Thoughts on the USPTO’s NPRM: Not Bad But the Big Challenges Remain