Harness Dickey’s Don Daley and John Fitzpatrick will be presenting “Practical Tips for Drafting Claims in the U.S. With An Eye Towards Attempting to Maximize Their Potential to be Exploited” at the IIPLA 2nd Global Summit in London.
In the U.S., there is a growing issue with claims being invalidated through IPR (inter parties review) and with claims being held non-patent eligible under 35 U.S.C. 101 or invalidated under 35 USC 112 (especially in the computer field). In view of this, it is important to recognize the importance of drafting strong specifications and crafting claims that will not only survive 112 and 101 issues, but which can be patented with an aim to capture infringers. It is important to recognize the value of drafting “licensable” claims, namely claims which a third party will be encouraged to license, and not attack in the courts or under IPR.
Don Daley and John Fitzpatrick will be providing practical tips about claim and specification drafting in the U.S., detailing how one might navigate prosecution issues such as those arising under § 101 and § 112 while also maximizing the ability to capture potential infringers and mitigating potential devaluation of a patent during licensing negotiations