Evolving Nature of Functional Claiming in Software-Related Inventions
Washington, D.C. partner Peter Sistare and Chicago patent agent Maya Yusim authored an article titled “Evolving Nature of Functional Claiming in Software-Related Inventions” which appeared on June 5 in The National Law Journal. They note that the line between promoting innovation and stifling it can sometimes become blurry.
For example, when patentees are trying to protect the functionality of their inventions by using claim limitations that claim features in terms of their results without offering specificity on the features or how the claimed results are accomplished, they may cover all ways of accomplishing the claimed results, which may deter others from attempting to invent improved ways of achieving the results.The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.
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