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Functional claiming in US patent prosecution post-Williamson

Michael Loney, New York


The impact of the Federal Circuit’s Williamson v Citrix opinion on patent prosecution in 2015 is still being felt. A session at the AIPLA annual meeting provided some tips for avoiding functional claiming, while another session focused on obviousness

Functional claiming “is a troublesome but fascinating topic,” says Isi Caulder, partner at Bereskin & Parr in Toronto.

Functional claiming is claim language focused on the function performed, without the recital of structure, material, or acts in support of the...


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