5. Patent analysis: United States Patent No: 5,612,179

In this section, U.S. Patent No. 5,612,179 (the ‘179 patent) is dissected. A patent is composed of distinct sections: front page (bibliometric data), specification (text), and claims. The specification is further divided into the major sections: background, summary of the invention, description of the drawings, detailed description of the invention, and examples.⁷ A synopsis of the specification is presented first before turning to the claims and their interpretation.[add a comment]

The methodology of how to read and interpret claims is well-established. Claims are first read in light of the specification, but without drawing in any limitations set forth in the text. A thorough understanding of their meaning must include reading them in light of the prosecution history⁸ as well. In contrast to the methodology, the rules that guide interpretation of the claims are constantly evolving. In the United States, the courts interpret the law and thus, essentially set the rules for interpreting claims. The specialized appeals court, the Federal Circuit, is the main court authority in the area. The system works similarly in Australia although the number of court cases are far fewer. In European countries, a centralized Patent Office prosecutes the patents but its appeals board lacks binding authority in the member countries. Thus, each member country could give a different interpretation of the same claims. For this report, interpretation follows the rules set forth by the European Patent Office Board of Appeals.[add a comment]

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

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