Functional Claiming (IP Lit) - December 17, 2014

The Lure of Functional Claiming: Benefits, Pitfalls, and Recent Court Decisions

Sponsored by Fitch, Even, Tabin & Flannery LLP

Patent attorneys have historically used functional claim language in an effort to cover what an invention does rather than what it is. The use of functional language in a claim presents potential advantages over strictly reciting structure, but also presents potential risks during prosecution and litigation. Understanding how the USPTO and courts are currently evaluating functional claim language is essential to writing and prosecuting patent applications that issue with valuable and enforceable claims.

During the webinar, we will cover these topics and more:

• Functional claim language: history, examples, and advantages
• Functional claim-drafting techniques for maximum impact at the USPTO
• Cases including Nautilus, Inc. v. Biosig Instruments, Inc. and their impact on the interpretation of functional claim terms during litigation
• Writing and prosecuting applications to survive the storm of litigation and post-grant proceedings.

Speakers: Stephen S. Favakeh - a patent attorney with over 20 years of experience counseling clients in the development of their worldwide intellectual property assets. Steve concentrates on the strategic procurement and enforcement of patent and trademark rights in the United States and abroad, with a special focus on Japanese clients. Jonathan H. Urbanek - a broadly based IP law practitioner focused on preparation and prosecution of patent applications in the United States and abroad. He goes beyond the details of the patent process to advise clients on those issues that support an effective patent strategy, including freedom-to-operate decisions, product design-arounds, and competitive technology analysis. As a result, Jon plays an important role in advising clients on the development and protection of a full patent portfolio. FREE! CLE Credit: 1.00 unit December 17, 2014, 9:00 AM – 10:00 AM PT For more information follow the link below: http://www.fitcheven.com/?t=40&an=34792&format=xml&p=5488