Tag: ai
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Claiming Structure by Implication: When Words Carry More Than Labels
A recent PTAB reversal offers a useful reminder that proper interpretation must remain anchored to the specification, particularly for structural terms such as “integrally formed with.” This article examines how applicants can use specification context, including figures, to defend claim meaning in prosecution and how to draft now for the claim construction disputes that may…
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The Danger of Drafting at the Claim Level: AI Specifications and the Written Description Problem
A recent PTAB decision shows that AI patent applications built around high-level flowcharts and functional descriptions can fail the written description requirement, even when they appear technically sound. The takeaway for prosecutors is clear: include concrete algorithmic implementation detail or risk an unfixable § 112(a) problem later.
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From Europe to the USPTO: How Minimal Disclosure Can Doom U.S. Software Claims
Drafting patent specifications for a global audience can hide serious U.S.-specific risks. This article uses a recent PTAB decision to show how minimal disclosure and functional claiming—especially in software cases—can lead to an unfixable Section 112 failure in U.S. prosecution.
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The Secondary Reference Trap
A recent PTAB decision highlights a common pitfall in obviousness practice — focusing on the wrong reference when arguing about modification of a reference making it unfit for its intended purpose.
Mr. IP Law 