Hidden Dangers Of Logical Fallacies In Patent Claim Rejections

Law360, New York (May 6, 2016, 2:00 PM EDT) -- There is no statutory requirement that formal logic be adhered to during examination of patent claims. Examiners and patent practitioners are free to use a wide variety of discussion and argument styles and topics, and these tend to be specific to the subject matter at hand and more informal than reliance on pure, formal logic. Yet there are times when a formal logic fallacy is committed in the rejection of a claim, and formal logic tools can be applied to the specifics to analyze and then formulate a response to refute the rejection. The following (fictionalized) example is given in generalized specifics, and followed by a formal logic discussion....

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