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Expert Analysis

AI May Help Patent Applicants With Functional Claiming

By Brian Nolan and Ying-Zi Yang ( October 24, 2023, 3:54 PM EDT) -- For decades, courts addressed the interplay between the enablement and written description requirements of Title 35 of the U.S. Code, Section 112(a)[1] for claims reciting functional language to establish the scope of an invention or a claim element.[2] Functional claims are used in all technologies — from life sciences to high tech. Courts have carefully scrutinized such claims in the life sciences arena....

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