By Craig R. Smith and Kevin M. Eckert BridgeTower Media Newswires “Silence is of different kinds, and breathes different meanings.” “Villette” by Charlotte Brontë Silence is not disclosure, except when it is. This year, the Federal Circuit decided multiple patent cases addressing negative claim limitations and the meaning of silence. The decisions provide .
Silence is not disclosure, except when it is. Last year, the Federal Circuit decided multiple patent cases addressing negative claim limitations and the meaning of silence. The decisions provide different standards for determining how much disclosure is required to support a negative claim limitation in a patent specification versus in the prior art.