What is the impact of using a trademark as a generic term in a patent claim?
Using a trademark as a generic term in a patent claim can have significant negative consequences: It may render the claim indefinite under 35 U.S.C. 112(b). It constitutes improper use of the trademark. It can potentially lead to the loss of trademark rights. The MPEP 2173.05(u) states: “In fact, the value of a trademark would…
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