Cloning patent claim rejected

Patent "Trolls" and Claim Construction

This Essay explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”) finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit is deeply divided as to the proper approach to claim construction. This split is a significant contributor to uncertain patent scope, which is widely-re...

Patent Claim Processing For Readability - Structure Analysis And Term Explanation

Patent corpus processing should be centered around patent claim processing because claims are the most important part in patent specifications. It is common that claims written in Japanese are described in one sentence with peculiar style and wording and are difficult to understand for ordinary people. The peculiarity is caused by structural complexity of the sentences and many difficult terms ...

Judicial Capacities and Patent Claim Construction: An Ordinary Reader Standard

Two-Stage Patent Retrieval Method Considering Claim Structure

This paper proposes a patent retrieval method that consists of two processing stages. In Stage 1, analysis and retrieval methods to improve recall are applied. In Stage 2, the top N documents retrieved in Stage 1 are re-arranged by applying analysis and retrieval methods that consider the claim structure to improve precision. This paper gives an overview of this retrieval method and evaluates i...

A Patent Panacea?: The Promise of Corbinized Claim Construction

A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected...