How vague can you patent be

The Supreme Court then remanded the case back to the Federal Circuit to reconsider, using the proper standard, whether the relevant patent claims are sufficiently definite. Some commentators on the Nautilus case have speculated that this perceived lowering of the standard of proving indefiniteness to invalidate a patent may result in a rush of motions challenging patents; historically only a small percentage of patents have been invalidated on indefiniteness grounds. Though the percentage may now increase, the standard for invalidating a patent at trial will continue to require the high burden of clear and convincing evidence.

It remains to be seen whether more patents will be invalidated, but patent holders and patent applicants should be wary. Use the arrows to arrange content.

Download pages as a. Before proceeding, please note: Information found on www. Share This Paper. Background Citations. Methods Citations. Tables from this paper. Citation Type. Has PDF. Publication Type. More Filters. Flexibility features in patent writing. International patents are increasingly demanded in academic circles as a sign of excellence and compete with situated genres such as projects, grants, PhD supervisions, books and journal articles, … Expand.

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