Federal Circuit Draws Tight Boundaries Around Functional Claiming

For many technologies, what the innovation “does” is more important, and easier to describe, than what it “is.” When an innovation can be embodied in something tangible with measurable properties, it’s usually easier to define and protect. For example, a new polymer might be claimed based on its density or flexibility. A pharmaceutical compound can be defined by its half-life or biological effect. A filter design may be described by its particular rate of filtration. These types of claims allow…
By: Vedder Price