Craig R. Smith & Kevin M. Eckert
Article published in Massachusetts Lawyers Weekly.
Silence is not disclosure, except when it is. This year, the Federal Circuit decided multiple patent cases addressing negative claim limitations and the meaning of silence.
The decisions provide different standards for determining how much disclosure is required to support a negative claim limitation in a patent specification versus in the prior art.
As a result, it is easier to invalidate a negative claim limitation with prior art than to support it in a patent specification.
Read the full article on masslawyersweekly.com.
SHARE THIS POST