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    Jun

    Recrafting 35 U.S.C. 112(f) to Preserve Validity of Claims Containing Functional Terminology [CC]

    4 PM EDT

    This webinar will explore whether 35 U.S.C. Section 112(f) should be applied when--and only when--a claim containing functional elements would otherwise be held invalid.

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    A complicated body of law is currently employed to determine how the presence of functional language in a patent claim must be construed. As one example, a determination must be made as to whether the remedial provisions of 35 U.S.C. 112(f) apply to salvage validity for a claim that otherwise would be held invalid under Supreme Court precedents, such at its 1946 Halliburton decision. Because current Federal Circuit precedents limit access to Section 112(f)'s remedial provisions, courts today can and do routinely invalidate claims containing functionally-defined elements as lacking in "written description" or "enablement" required under 35 U.S.C. 112(a).

    This webinar will explore whether this Gordian Knot of Section 112(f) law might be untied with a change to the current statute that would apply the remedial provisions in Section 112(f) when, and only when, a patent claim containing functionally defined elements would otherwise be held invalid, whether that invalidity might arise under one or more of Section 112(a), Section 112(b) (for lack of claim definiteness) or even Section 101--as directed to an "abstract idea" without sufficiently more in the way of some inventive concept. This webinar will also explore whether such a claim construction dictate placed into the statute would provide a more rational approach to claim construction and whether this approach would afford inventors with a justifiable scope of protection, particularly in fields such as information technology and biotechnology.

    Event Details

    Duration

    90

    Format

    Webinar

    Date

    Jun 25, 2024

    2024-06-25T16:00:00-04:00 2024-06-25T17:30:00-04:00 Recrafting 35 U.S.C. 112(f) to Preserve Validity of Claims Containing Functional Terminology [CC]

    This webinar will explore whether 35 U.S.C. Section 112(f) should be applied when--and only when--a claim containing functional elements would otherwise be held invalid.

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    MCLE Information

    The ABA will seek 1.50 general CLE credit hours in 60-minute states, and 1.80 general CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

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