High Level Description for a Software Means Limitation Fails 112 Definiteness

by Andrew DeLizio

In  Function Media vs. Google, the Federal Circuit addressed the issue of indefiniteness vis-à-vis software means-plus-function claims.  See  Id., No. 07-CV-0279, slip op. at 8. (Fed. Cir. Feb. 13, 2013).   Function Media's (FM) claim recites, "means for transmitting said presentations to a selected media venue of the media venues."    US Patent 6,446,045 at col. 64, line 1.    The Federal Circuit upheld the District Court's holding of indefiniteness.


Posted by on 11 Mar 2013

The new oath/declaration exception for continuing applications is probably not available to you under the AIA.

The words of 35 U.S.C. 115(g) and 37 C.F.R. 1.63(d)(1) look like an exception is provided. But only for an oath/declaration that complies with 1.63(a). In other words, a copy of your oath/declaration from your pre-AIA patent application can only be used in a continuing application if the oath/declaration satisfies the new AIA requirements for oaths/declaration.


Posted by on 11 Nov 2012

Second Written Opinion from EPO in PCT Chapter II

The European Patent Office (EPO) has established a new practice of issuing a second written opinion before giving a negative International Preliminary Examination Report (IPER).


Posted by on 30 Oct 2011

PCT Newsletter - Practical Advice for Indicating Basis for Amendments

As communicated earlier, the PCT requires applicants to indicate a basis for amendments.  The September 2010 PCT Newsletter provides a few examples of how applicants can, in their letters, indicate a basis for amendments. 


Posted by on 07 Sep 2010

Change to PCT Regulations Affecting Amendments Effective 1-July-2010

An Official PCT Gazette Notice of 21-January-2010 identifies changes to the PCT regulations affecting applicant requirements when making amendments.  The changes involve rules 46.5, 66.8, and 70.2 (c-bis). 


Posted by on 20 Aug 2010

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Posted by on 28 Jul 2010