3 Functional Claiming Questions To Address Post-Williamson

Law360, New York (July 6, 2015, 12:08 PM EDT) -- A patent claim is functional if it defines the claimed invention in terms of what it does rather than what it is. Over the last 20 years, the U.S. Court of Appeals for the Federal Circuit relaxed restrictions on the construction of functional claims — leading to a sharp increase in their number. The Federal Circuit's recent decision in Williamson v. Citrix Online LLC calls these functional claims into question. Williamson signals a possible return to old restrictions on functional claiming and, in particular, a return to "means-plus-function" claiming: limiting a functional claim to what is disclosed by the specification, or equivalents. Such a return threatens to significantly narrow the scope, and impact the validity, of software patents that rely on functional claiming. Innovators and practitioners should therefore closely evaluate what Williamson means for their offensive and defensive patent strategy and should put a plan in place to deal with its potential implications....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!