faqs.org » Abstracts Index » Abstracts » Law

The recline and fall of mechanical genus claim scope under "written description" in the sofa case

Article Abstract:

The US Court of Appeals for the Federal Circuit in Gentry Gallery, Inc. v. Berkline Corp., a 1998 case, invalidated a genus claim in a mechanical patent for a reclining sofa because the supporting disclosure did not satisfy the written description requirement on the basis that "claims may be no broader than the supporting disclosure, and, therefore, that a narrow disclosure will limit claim breadth." By the end of 1997, the "written description" requirement of 35 USC 112, paragraph one, was mainly a concern of the unpredictable arts, especially genetic materials.

Sofas, Intellectual property, Furniture

---

An (un)intended transitional provision in the GATT Act - 20 years from when?

Article Abstract:

Continuing patent applicants who file in the period on or after June 8, 1995 through Dec 31, 1995, may benefit from confusion over their patents' term dates, due to ambiguities in the GATT implementing legislation. Although it is clear that patents will have 20-year terms under GATT, the Act is unclear as to the term start date for continuing applications filed during the period in question, which ultimately may result in longer terms for these applicants. The Act's language, possibly a legislative or typographical error, may have to be clarified by the courts.

international

---

Some parts © 2012 Advameg, Inc.