PTAB Adopts District Court Indefiniteness Standard
By EsqSocial Corporation 13/01/21
Under AIA 35 U.S.C. § 112(b), a patent specification “shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.” In determining whether a claim is indefinite under § 112(b), the U.S. Patent & Trademark Office (USPTO) has historically employed a different standard for determining indefiniteness than U.S. district courts....
By: Kilpatrick Townsend & Stockton LLP