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Landis on Mechanics of Patent Claim Drafting【精品】.pdf
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Landis on Mechanics of Patent Claim Drafting, Introduction LANDIS ON MECHANICS OF PATENT CLAIM DRAFTING -- FIFTH EDITION *** Current through Release No. 2 ( November 2005 ) *** Copyright 2005 by Practising Law Institute. All Rights Reserved. Robert C. Faber INTRODUCTION Landis on Mechanics of Patent Claim Drafting, Introduction Introduction The primary object of this treatise is to pr esent a simple and dire ct approach to the mechanics of claim drafting. The major emphasis in chapters 1-6 is on practical techniques posing claims to many different types of inventions. In chapters 1-6, there is also emphasis on variou s preferred claim-drafting practices and techniques that have grown up over the years by case law, Patent and Trademark Office rules and memoranda, and, simply, custom, as well as definitions and preferred usage of stylized words and phrases in the patent law, such as "comprising," "consisting," "means for," "step for," and "whereby." There is also extensive discussion of many case law doctrines relating to nonart rejections, both classic rules and modern tren ds. In many of th ese areas, there have been liberalizing trends by the courts in recent years to overthrow or simplify rejections not based on prior art. In particul ar, this treatise covers both the classic and the more recent constructions of me ans clauses (section 3:25), inherent function of the apparatus doctrine (sec tion 4:5), mental steps puter programs (section 4:9), product-by-process claims (section 5:2), claims referring to drawings (section 6:6), new use claims and preamble limitations (section 6:7), Jepson claims (section 6:8), undue multiplicity (section 8:3), bination (section 8:4), aggregation (section 8: 5), and printed matter (section 8:6). There are many examples of suggested cl aims to various types of inventions: machines (chapter 3), processes (chapter 4), articles of manufacture (chapter 5), compositions of matter (chapter 6), computer inventions (section 4:9), designs (section 5:3) and plants (section 5:4), as well as dependent claims (section 2:9), Jepson claims (section 6:8), generic and species claims (section 6:9), bination claims (s ection 6:10), and biotechnology (chapter 9). Many quotations from claims on appeal and in litigation are given, so that the reader can see for himself or herself which types of limitations and phrases have been judicially approved and which not. Unfortunately, it is too often true that the inventor or patentee wins or loses because of formal rules and language prob lems in the claims, not because of any lack of "invention" over the prior art. This book is intended to help the practitioner in designing claims around these myriad rules and doctrines, to draft the most effective types of claims for each type of invention. The author would like to ackn owledge Rochelle K. Seide, Esq. of Baker & 内容来自淘豆网www.taodocs.com转载请标明出处.