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Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as “means-plus-function” under pre-AIA 35 U.S.C. §112 ¶ 6 (now AIA 35 U.S.C. §112(f)).
That is indeed what recently happened in
Rain Computing, Inc. v. Samsung Electronics Co., Ltd., where the claims at issue were directed to “delivering software application packages to a client terminal in a network based on user demands” and recited sending a “user identification module” configured to perform various functions.
Under §112 ¶ 6, a “patentee may draft claims as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof. But such claims are construed to cover only the structure, materials, or acts described in the specification as corresponding to the claimed function and equi
Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as means-plus-function under pre-AIA 35 U.S.C. §112 ¶ 6
Federal Circuit Review - March 2021 | Knobbe Martens jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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Functional claim language which defines an invention by
what it does rather than what it is can be a powerful claim
drafting tool when used carefully. For example, functional language
may be advantageous for computer-implemented inventions that are
characterized with reference to logical components instead of
physical hardware. 35 U.S.C. § 112(f) (formerly §
112¶ 6) expressly permits the use of functional claiming and
is traditionally invoked by the phrase means for
followed by a functional modifier. But even when the term means is not used, other terms that are not understood