What is the “quid pro quo” for using means-plus-function claim language?
The “quid pro quo” for using means-plus-function claim language refers to the trade-off between the convenience of using such language and the duty to link or associate structure to function. This concept is explained in MPEP 2182, which cites the Federal Circuit case B. Braun Medical, Inc. v. Abbott Labs: “We hold that, pursuant to…
Read MoreHow does the patent disclosure requirement balance public and inventor interests?
The patent disclosure requirement strikes a balance between public interests and inventor rights: Inventor’s Benefit: The inventor receives exclusive rights to their invention for a limited time. Public Benefit: The public gains access to detailed information about the invention. As the MPEP states: “The requirement for an adequate written description ensures that the public receives…
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