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Methodology of Claim Construction after Phillips v AWH Corp: The Need for an Alternative Approach

NOPR - NISCAIR Online Periodicals Repository

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Title Methodology of Claim Construction after Phillips v AWH Corp: The Need for an Alternative Approach
 
Creator Ramanujan, Adarsh
 
Subject Claim construction
Patent, Phillips
Texas Digital
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Description 28-45
Patents are considered as one of the most important and critical intellectual properties. This is so not just because patents serve to develop scientific temper and thereby result in scientific progress, which is very critical for any civilization to develop. This is also because, economically, patents are the most reaping. The emergence of the TRIPS regime has only served to underscore its significance.
Given that patents are of much significance, patent claims, which define the area of the patentee’s monopoly – play the most important role. Despite their significance, the author feels that patent claims have not received as much importance as they deserve. This is especially so with reference to principles of claim construction. World over, courts and patent offices seem to be meandering and wavering in their approaches towards claim construction and the USA is no exception. This article attempts to critically analyse the recent en banc decision of the Federal Circuit in Phillips v AWH Corp and trace the evolution of principles of claim construction as applied in the USA. The implications, ramifications and faults with the approach in the Phillips case are observed and the author has proposed an alternative approach to construe and interpret claims.
 
Date 2009-02-11T07:28:41Z
2009-02-11T07:28:41Z
2009-01
 
Type Article
 
Identifier 0971-5544
http://hdl.handle.net/123456789/3071
 
Language en_US
 
Publisher CSIR
 
Source JIPR Vol.14(1) [January 2009]