Supremely Confusing on That Complex Word “A”; Is It Only One or Is It One or More? Friday, June 11, 2021
A patent drafter’s selection of even the smallest of words, like “a,” may have a significant impact on how a claim is construed. Does “a” mean “at least one”? Or does it mean just “one”? As the case law we explore in this article indicates, it can be both! And as will be seen, recently a split Supreme Court muddled through over 40 pages to try to decide what “a” meant in a particular statute.
“A” Means “One or More”
In
In the U.S., a prosecution history of a patent comes into play in the context of claim construction, and also in the context of an assessment of infringement under the doctrine of equivalents.