April 17, 2013

In this article, Jenner & Block Partner Alexander Rozenblat and Associates Yusuf Esat and D. Matthew Feldhaus examine the reasons for and against patent applicants crafting their own definitions for patent claim terms.  The authors explain that managing the lexicography of patent applications “is often the difference between success and failure in patent litigation.”  The authors review a recent case in which an applicant’s decision to explicitly define a term paid off, but they also caution “that setting forth a definition for a claim term may just as easily be a patentee’s downfall.”