Patent Claim Interpretation Methodologies and Their Claim Scope P
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Patent Claim Interpretation Methodologies and Their Claim Scope P
ffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodol Patent Claim Interpretation Methodologies and Their Claim Scope Plogies andTheir Claim Scope Paradigms(.Christopher A. (lotropiaL'rtiwrsify of Richmond, ccotropi0>nchmond.eduFollow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications ty Part of the Intellectual Property' Law CommonsRecommended CitationChristopher A. Cotropu, Pate Patent Claim Interpretation Methodologies and Their Claim Scope Pnt Claim Interpretation Methodologtei and Their Claim Scope Paradtyni, 47 Wm. & Mar}' L Rev. 49 (2005).This Article I* brought to you for free and opePatent Claim Interpretation Methodologies and Their Claim Scope P
n access by the School of L». it UR Scholarship Repository. It has been accepted tor inclusion in Law Faculty PuHwatwns by an authorized adnunistrutorffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodol Patent Claim Interpretation Methodologies and Their Claim Scope PR CLAIM SCOPE PARADIGMSCHRISTOPHER A. Cotropia*AbstractThe optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific Patent Claim Interpretation Methodologies and Their Claim Scope Ppatent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. ThiPatent Claim Interpretation Methodologies and Their Claim Scope P
s omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely tffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodol Patent Claim Interpretation Methodologies and Their Claim Scope Pmethodology and patent scope. The discussion will focus on how changes in interpretation methodology affect patent scope, an aspect of methodologies that the Article identifies as their “claim scope paradigm." Introducing the claim scope paradigm concept is mainly beneficial for two reasons. First, Patent Claim Interpretation Methodologies and Their Claim Scope Pidentifying the claim scope paradigm allows different interpretation methodologies to be evaluated as to their impact on the substantive function of pPatent Claim Interpretation Methodologies and Their Claim Scope P
atent claims. A claim scope paradigm criterion represents a significant and worthwhile departure from the current standard of certainty used by courtsffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodol Patent Claim Interpretation Methodologies and Their Claim Scope Pnk Mark Lemley, Adam Mossoff, Craig Nard, and Polk Wagner for theữ comments and suggestions regarding this Article. The author would also like to thank participants at the Tulane University School of Law Intellectual Property Colloquium and the Michigan State University College of Law Intellectual P Patent Claim Interpretation Methodologies and Their Claim Scope Property Scholars Roundtable for their comments and suggestions on earlier incarnations of this Article. As always, special thanks to Dawn-Marie Bey foPatent Claim Interpretation Methodologies and Their Claim Scope P
r all of her helpful insights on this Article.49https: //k hot h u vien .com50WILLIAM AND MARY LAW REVIEW[Vol. 47:49claim scope paradigms facilitates ffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodol Patent Claim Interpretation Methodologies and Their Claim Scope Pto inject patent policy at the most basic level of the patent process.2005] PATENT CLAIM INTERPRETATION METHODOLOGIES 51Table of ContentsIntroduction............................................. 53I.Functions of Patent Claims .. . ............. 61A.Public Notice Function........................... Patent Claim Interpretation Methodologies and Their Claim Scope P... 62B.Patent Scope Defining Function...................... 65II.Patent Claim Interpretation Methodologies ........... 69A.Claim Interpretation BasicPatent Claim Interpretation Methodologies and Their Claim Scope P
s ........................ 701Interpretative Sources............................ 72ffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation Methodolffl RICHMONDSchool of Law"University of RichmondUR Scholarship RepositoryLaw Faculty PublicationsSchool of Law2005Patent Claim Interpretation MethodolGọi ngay
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