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11 Nw. J. Tech. & Intell. Prop. 501 (2012-2013)
Patent Claims Revisited

handle is hein.journals/nwteintp11 and id is 545 raw text is: Copyright 2013 by Northwestern University School of Law Volume 11, Number 6 (August 2013) Northwestern Journal of Technology and Intellectual Property Patent Claims Revisited By Dargaye Churnet* This paper proposes that the most beneficial patent reform begins with claim drafting regulations. Part I serves as an introduction. Part II highlights the problems with the nation's current patent system. This section discusses how each of these problems is caused in part by the current claim drafting regulations. Part III reviews the changes made by the America Invents Act. Part IV proposes new regulations for claim drafting that will offer more significant benefits than those provided by the America Invents Act. Specifically, this paper argues that by requiring applicants to include a claim chart defining each claim limitation, examiners at the PTO will need less time to understand the patent's scope, the PTO will issue higher quality patents, and patent litigation costs will be diminished because courts will devote less time to claim construction. I. INTRODUCTION ............................................. 501 II. PATENT PROCESS ............................................ 503 A. Claim Drafting .............................................. 503 B. Patent Examination....................................... 505 C. Patent Litigation ................................... ..... 507 1. Claim Construction .................................... 507 2. Patent Trolls................................ ....... 509 III. AMERICA INVENTS ACT .......................... ........... 510 IV. PROPOSED SOLUTION ..................................... 512 A. Implementation.................................... ...... 512 B. Benefits .............................................. .... 517 V. CONCLUSION ....................................... ..... 519 APPENDIX ................................................. ... 520 I. INTRODUCTION On September 16, 2011, President Obama signed into law the most influential patent reform legislation in nearly sixty years. The Leahy-Smith America Invents Act (Act) is Congress's attempt to overhaul a beleaguered patent system, which many believe was long overdue for reform. The Act does just that. It drastically changes the The author wrote this article in 2012 as a student at Northwestern University School of Law. Prior to attending Northwestern, the author served as a patent examiner at the United States Patent and Trademark Office for three years. The author has experience drafting and litigating patents. The author wishes to thank James Ferguson, an adjunct professor at Northwestern, for guidance in preparing this article.

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