Patent Law News

• America Invents Act (AIA) is here. On September 2011, the new patent law was enacted. It changes 200 hundred years of American patent law tradition: the first-to-invent priority rule will be replaced in March 2013 by the new, first-to-file rule. Learn More about the AIA.

• General Purpose Computer - Indefinite. A means-plus-function claim element for which the only disclosed structure in the specification is a general purpose computer is indefinite, and therefore, invalid. In order to make the means-plus-function claim element definite, the disclosed structure should also include the computer algorithm designed for the general purpose computer to perform the particular claimed function. MoneyIN Inc. v. VeriSign, Inc. (Fed. Cir. 2008).

• Substitution of "Minimum 10 GHz" with "Radio Frequency" - No New Matter. If in the original application, "the minimum transmission frequency of 10 GHz", is referred to as a preferred embodiment of the invention, and not as a limitation, the substitution later with "radio frequency" (3 KHz to 300 GHz), does not constitute new matter under 35 U.S.C. § 132 or 35 U.S.C. § 112. Commonwealth Scientific v. Buffalo Techs. (USA), Inc. (Fed. Cir. 2008).

   

• Different Arrangement of Claim Elements - No Anticipation. A reference anticipate a claim only if (1) all the elements of the claim are found within the four corners of the document, AND (2), the claim elements are arranged or combined in the reference as in the claim. The difference in claim elements arrangement is particularly important when it indicates that the reference and the claim in question are referring to different subject matters. That means that there is no anticipation.  MoneyIN Inc. v. VeriSign, Inc. (Fed. Cir. 2008).