Functional Claiming & Inconsistent Guidance from the Courts: Are My Claims Definite Enough? (PDF)
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The issue of indefiniteness within a patent is of concern to many. Functional claiming is a distinct category of indefiniteness, and in some examples, statutorily distinct. Like concerns with indefiniteness in general, current efforts to constrain functional claiming aim to prevent patentees, and particularly bad acting patentees, from staking out too large a claim in light of their disclosure.
Dov Greenbaum, J.D., Ph.D, is an intellectual property attorney at Reinhold Cohn Group in Tel Aviv. He has extensive experience in litigating and drafting patents in varied fields including hardware, software, biotech and medical devices. Dov is also an Assistant Professor in the Department of Molecular Biophysics and Biochemistry, Yale School of Medicine, at Yale University. Dov completed postdoctoral fellowships at Stanford University and Eidgenossische Technische Hochschule Zurich (ETH Zurich), where he focused on issues related to science and law. In addition to his many legal and scientific papers he has also written non-technical pieces relating to science in society. Dov has his law degree from the University of California, Berkeley, and a PhD in Genetics with a focus in Bioinformatics from Yale University.
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