Kilpatrick Townsend

Insights: Publications

Fed. Circ. Patent Indefiniteness Ruling Bears Drafting Lessons

Law360

October 2, 2020

Patent drafters are rightfully weary of preparing a patent specification that will be construed as limiting years later during litigation. Therefore, drafters typically write in a nonlimiting way, for example, liberally using multiple embodiments, using nonlimiting examples, and employing words such as "can" and "may."