January 2016

January 28, 2016 2:02 PM | Posted by Rebecca Dutkowski | Permalink
The scope of legal protection provided by a patent boils down to the interpretation of the claims. The drafting of claims has certain elements of art and tradition. One tradition is the use of the word "said" (or "the") when referring to a feature which has been previously mentioned in a claim.

This practice provides clarity, because the "said" feature is assumed to be the same as that previously mentioned, thus would have the same characteristics and limitations.

However, despite this traditional practice, in a recent Full Federal Court decision, the majority held that a "said" feature was not limited to the feature previously recited in the same terms, but could include other features not recited in the claims, thus broadening the strict literal meaning of the claim.
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