1 / 8

AIPLA Practical Patent Prosecution Training for New Lawyers

AIPLA Practical Patent Prosecution Training for New Lawyers. Electrical, Computer & Software Claim Drafting. Rick A. Toering | rtoering@wcsr.com | 703.790.7915 Wednesday, August 25, 2010 | Alexandria, VA. Primary Consideration. Draft Claims that CAN BE INFRINGED Who Infringes Claim?

thomas-mullen
Télécharger la présentation

AIPLA Practical Patent Prosecution Training for New Lawyers

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. AIPLA Practical Patent ProsecutionTraining for New Lawyers Electrical, Computer & Software Claim Drafting Rick A. Toering | rtoering@wcsr.com | 703.790.7915 Wednesday, August 25, 2010 | Alexandria, VA

  2. Primary Consideration Draft Claims that CAN BE INFRINGED • Who Infringes Claim? • Single Infringer vs. Mixed/Joint Infringement • Direct vs. Indirect Infringement • Components vs. End Product • How is Claim Infringed? • Make, Use, Sale, Offer, Import

  3. Other Considerations • Draft Claims that Cover the Invention • Draft Claims that Avoid the Prior Art • Draft Claims with Commercial Significance

  4. Drafting Considerations Draft Claims that Cover the Invention • Identify the Key Aspects of the Invention • Identify Preferred Implementations • Identify Alternate Implementations • Identify Commercial Implementations

  5. Drafting Considerations Draft Claims that Avoid the Prior Art • What problem does the invention overcome? • Which aspect(s) of the invention overcome that problem? • Which aspect(s) of the invention are not found in the prior art?

  6. Drafting Considerations Draft Claims with Commercial Significance • What are the commercial applications? • What are the commercial environments? • What are the commercial components? • Who are the likely competitors? • Ultimately, … WHERE ARE THE $$$?

  7. Claim Strategy Draft Claims with Varying Scope • Broad Claims with Key Features Not in Prior Art • Medium Claims Directed Toward Commercial Environments • Focused Claims Directed Toward Actual Commercial Products

  8. Rick A. ToeringMember/IP rtoering@wcsr.com | 703.790.7915 Tysons Corner, Virginia

More Related