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June 15, 2006
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"Public Notice" Problems with Issued Patents
Greg Aharonian has posted the (PDF) text of a speech given by CAFC Chief Judge Paul Michel. In this talk, Michel tries to address the question of "how can I know if I might be violating a patent?" On the one hand, the answer is the same as how one knows if one is violating criminal law or governmental regulations - you read the appropriate public information. On the other hand, the availability, organization, and language of applicable patents and patent claims are... well, awful. Michel calls for things that should be obvious, such as standardization of claims drafting, use of clear terms, disallowing of vague and overbroad language, and more uniform conventions used by courts in construing claims. All good things.
posted by Alan Wexelblat |
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