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Will Product-by-Process Claims be deemed to be Clear after recent Supreme Court Decisions?

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Summary: Supreme Court decisions relating to product-by-process (PBP) claims issued on June 5, 2015, ruled that PBP claims shall cover a product identical to the claimed product, even when it was produced by a process different from the claimed process. However, these decisions also specified that PBP claims should be considered as being unclear unless there were circumstances where it was impossible or impractical to define the product directly based on the structure or characteristics of the product (impossible/impractical circumstances). This article summarizes these decisions and considers how PBP claims should be handled.

  1. <Contents>
  2. 1. Supreme Court Decisions: Claim Construction
  3. 2. Supreme Court Decisions: Clarity
  4. 3. JPO’s Response: Interim Guidelines for Examination
  5. 4. JPO’s Response: Trials and Future Handlings
  6. 5. Recommendations:
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