Tag: writing
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The Wrong Embodiment Problem: When Examiners Improperly Broaden Claims
What happens when an examiner uses the wrong embodiment to broaden your claims? A recent PTAB decision shows why that move violates basic claim construction principles—and how to spot it early.
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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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Form Over Substance at the PTAB: Why Even Good Legal Arguments Can Lose
The PTAB is not hostile to creative advocacy—but it is unforgiving of arguments that do not conform to its doctrinal templates. Read about a case that reminds us of the fact that before an administrative agency, even a good argument can fail if it does not look like the right argument.
Mr. IP Law 