Mastering Patent Claim Drafting for Living Organisms and Genetic Sequences

In a landscape where precision is paramount, our latest practice note delivers essential guidance on drafting claims for living organisms and genetic sequences. Discover how landmark decisions and practical examples can empower you to draft clear, robust claims that withstand modern challenges.

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• Claim Drafting Pre-filing Checklist (U.S. Utility Patent)
  Head over to this streamlined guide to ensuring every claim element in a U.S. utility patent is fully supported by the specification and drawings, with each independent claim being complete and logically interconnected using proper antecedent language. This checklist emphasizes the importance of detailed means-plus-function support, the correct use of transitional phrases like "comprising" for broad coverage, and precision in language to avoid vagueness or negative limitations. Additionally, it reinforces adherence to strict formatting rules and urges drafters to craft claims broadly yet definitively, covering all embodiments of the invention while anticipating potential infringement considerations.

• Claim Drafting: Avoiding Disclosure-Dedication
  Learn about the disclosure-dedication doctrine and how it can be avoided by careful drafting of the patent claims and specification. The disclosure-dedication doctrine refers to the rule that applies when a patent drafter discloses but does not claim subject matter. In this situation, the unclaimed subject matter is dedicated to the public and cannot later be used to support an argument under the doctrine of equivalents. It is essential that patent prosecutors keep this rule in mind when drafting claims and preparing the written description of the invention.

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