Patent Claims Revisited

Churnet, Dargaye | August 1, 2013

This paper proposes that the most beneficial patent reform begins with claim drafting regulations. Part I serves as an introduction. Part II highlights the problems with the nation’s current patent system. This section discusses how each of these problems is caused in part by the current claim drafting regulations. Part III reviews the changes made by the America Invents Act. Part IV proposes new regulations for claim drafting that will offer more significant benefits than those provided by the America Invents Act. Specifically, this paper argues that by requiring applicants to include a claim chart defining each claim limitation, examiners at the PTO will need less time to understand the patent’s scope, the PTO will issue higher quality patents, and patent litigation costs will be diminished because courts will devote less time to claim construction.