What makes a patent invalid due to “indefiniteness”? The role of functional language in patent applications
Abstract: Although in 2014 the U.S. Supreme Court announced a standard for assessing whether patent language is fatally indefinite, the limits of the Court’s decision are still being determined. This article reviews a decision from the U.S. Federal Circuit Court of Appeals that provided additional guidance — and it seems to favor patentees. BASF Corp. v. Johnson Matthey Inc., No. 16-1770, Nov. 20, 2017, Fed. Cir. Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, June 2, 2014, S.Ct.