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Landslide Webinar: Why the “Essence” of an Invention is as Important as the Claims [CC]
![Landslide Webinar: Why the “Essence” of an Invention is as Important as the Claims [CC]](/content/dam/aba-cms-dotorg/products/ecd/ondemand/407664489/407664489.Def.L.png.transform/product-2x/img.png)
Landslide Webinar: Why the “Essence” of an Invention is as Important as the Claims [CC]
Judicial decisions regularly look beyond the claims of a patent and explore the "essence" of the underlying invention, even though this is not a standalone legal concept. Understanding the role of a patent's "essence" is therefore indispensable for effective patent practice, whether as a litigator, prosecutor or advisor.
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Closed Captioned.
It is a "bedrock principle" of patent law that the claims of a patent define the invention. Yet time and again, district courts, the Federal Circuit, and even the Supreme Court have disregarded claim language in favor of a concept variously termed the "essence," "gist," "heart" or "thrust" of the invention. This is particularly true in the post-Alice legal landscape. This webinar panel explores the delicate interplay between the "essence" of the invention and the claims of the patent application. The panel will discuss recent decisions where the court looked beyond the claims and focused on the essence of the invention in rendering a decision. The panel will provide practical guidance to litigators analyzing patents and prosecutors drafting patents to best understand and manage the intersection between the essence of the invention and the claims.
This program is in conjunction with our Landslide magazine article "This program is in conjunction with our Landslide magazine article 'IP Strategies for the Red-Hot Digital Health Industry' by Jerry A. Riedinger. Available for reading on the ABA-IPL page.
Product Details
Moderators
Panelists
Kenneth R Hartmann II
Sponsors
Section of Intellectual Property Law
Product Code
PT2012LSWOLC
Duration
90
Publication Date
12/15/2020 12:00:00 AM
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