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Expert Analysis

Informing The Artisan: Reasonable Certainty In Patent Claims

Law360, New York (July 22, 2015, 1:16 PM EDT) -- The U.S. Supreme Court in Nautilus Inc., v. Biosig Instruments Inc., rejected the "'not amenable to construction or insolubly ambiguous'"[1] indefiniteness standard utilized by lower courts, in favor of a threshold that would require a patent claim to inform "with reasonable certainty those skilled in the art about the scope of the invention."[2] On remand to the Federal Circuit, the parties disputed whether the Supreme Court "articulated a new, stricter standard or whether, in rejecting [the previous standard] the Court was primarily clarifying that a patent's claims must inform those skilled in the art with 'reasonable certainty' of what is claimed."[3]...

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