Monday, June 2, 2014

Supreme Court's New Indefiniteness Test: Not So Clear


You don't have to take my word for it.  Here's the Federal Circuit's test:
Considering the intrinsic evidence (i.e., the claim language, the specification, and the prosecution history... A claim is indefinite..."only when it is 'not amenable to construction' or 'insolubly ambiguous.'"
The new test, articulated by the Supreme Court today in its decision in Nautilus v. Biosig:
We read [section]112, [para.]2 to require that a patent's claims, viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty.
Glad we got that cleared up. 

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