Clarity in U.S. Patent Law: How Far Will the Pendulum Swing?
Abstract
A number of recent US decisions suggest an ongoing trend toward requiring that US patents provide increased clarity and specificity in describing and claiming what has been invented. It is important to not only stay abreast of the current state of the US law, but to anticipate where the law may go in the near future. For example, it is important to balance the desire for broad patent coverage against the risks of this emerging trend, particularly when attempting to maximize the value of patent portfolios. Once the potential risks are understood, strategic patent portfolio planning and careful patent application drafting can be employed to help mitigate the risks.
