June 05, 2019

Evolving Nature of Functional Claiming in Software-Related Inventions

Washington, D.C. partner Peter Sistare and Chicago patent agent Maya Yusim authored an article titled “Evolving Nature of Functional Claiming in Software-Related Inventions” which appeared on June 5 in The National Law Journal. They note that the line between promoting innovation and stifling it can sometimes become blurry.

For example, when patentees are trying to protect the functionality of their inventions by using claim limitations that claim features in terms of their results without offering specificity on the features or how the claimed results are accomplished, they may cover all ways of accomplishing the claimed results, which may deter others from attempting to invent improved ways of achieving the results.
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