This CLE will cover the latest developments concerning 35 U.S.C. 112, including means-plus-function claiming, enablement, written description and indefiniteness. Understanding how the requirements of section 112 play out in enforcement actions is critical to drafting good patents. What is the role of the specification, for example, in determining whether a claim term should be construed under section 112(f)? How can decisions invalidating claims for lack of “full scope” enablement be harmonized with the principle that claims can cover after-arising developments? Has Nautilus resulted in more claims being invalidated for indefiniteness. The CLE will address these and other important issues relating to section 112.
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