Maximizing Biotech Patent Protection On A Budget

Law360, New York (August 24, 2009, 12:20 PM EDT) -- Patent applicants naturally want the broadest scope of protection available for their inventions. This desire often leads to the filing of broad initial claims in the Patent Office that must later be narrowed in response to a rejection.

As discussed below, the narrowing of claims for purposes of patentability involves the forfeiture of equivalents, which otherwise could be valuable for extending the scope of patent protection beyond the literal language of the allowed claims.

This forfeiture is a particular problem in the biotechnology arts, where broad...
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