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This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
Concerning the issue of obviousness as applied to patent claims. Microsoft v. AT&T - Supreme Court, 2007. Related to international enforceability of U.S. software patents. TiVo Inc. v. EchoStar Corp. - Was the base for the development of a new test for contempt with regards to repeated patent infringement.
Claim interpretation in patent, standard of review by the Federal Circuit. Commil USA, LLC v. Cisco Systems, Inc. 575 U.S. 632: 2015: 6-2 Defense to Indirect Infringement Standard of Induced Infringement A defendant's good-faith belief that a patent is invalid is not a defense to a claim of induced infringement. Case Law
The Patent Trial and Appeal Board (PTAB) is an administrative law body of the United States Patent and Trademark Office (USPTO) which decides issues of patentability. It was formed on September 16, 2012, as one part of the America Invents Act .
Under the European Patent Convention, when a claim in one particular category (see below), e.g. a process claim, depends on a claim from a different category, e.g. a product claim, it is not considered to be a dependent claim but an independent claim. Under U.S. law, this is still counted as a dependent claim, regardless of the class change.
An inter partes review is used to challenge the patentability of one or more claims in a U.S. patent only on a ground that could be raised under 35 U.S.C. §§ 102 or 103 (non-obviousness), and only on the basis of prior art consisting of patents or printed publications. [3]
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On review in 2014 the Supreme Court reduced the patent-eligibility of software patents or patents on software for business methods, excluding abstract ideas from the list of eligible subject matters. After much confusion within the patent examiners and patent practitioners, the USPTO prepared a list of examples of software patent claims that ...