Product-By-Process Claims: One Size Fits All?

Law360, New York (December 2, 2009, 12:47 PM EST) -- Although the product-by-process claim format lacks the popularity of a method or system claim, the Federal Circuit’s evolution of the interpretation of such a claim shows the court’s desire to set precedent while attempting to foresee the various interpretations of the law and account for the various (and seemingly infinite) iterations of claims.

Judge Newman of the Court of Appeals for the Federal Circuit has emphatically opined that this aspect of patent law cannot be decided with a bright line rule that sums up product-by-process claim...
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