In the US, the claims of a patent application are required to be clear and precise, a.k.a. ‘definite’. In this article, we discuss recent US court cases which indicate that the barrier to a finding of claim indefiniteness has been lowered. We also explain how careful patent drafting could reduce the risk of such an objection being raised during prosecution or post-grant
A number of questions have recently been referred to the EPO’s Enlarged Board of Appeal, with the aim of obtaining clarification on the extent to which partial priority can be claimed by a European patent application. TLIP looks at the issue and the effect partial priority may currently have on European patent applications.
On 30th July 2015, the USPTO published an Update on Subject Matter Eligibility, which updates the 2014 Interim Guidance on Subject Matter Eligibility (2014 IEG) published on 16th December 2014. TLIP looks at how it may affect patent prosecution for applicants seeking US patent protection.
The three day event held 8th to 10th July 2015 at St James University Hospital was part of the EyeTN, Marie Curie Initial Training Network. Talks were also given by Avacta Life Sciences, James Love Legal, Patent Boutique, Imperial Innovations and IP Group.