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Faber on Mechanics of Patent Claim Drafting (Seventh Edition)

Author(s): Robert C. Faber
Practice Area: Intellectual property, Patent claims, Patents, Practice skills (Intellectual property)
Published: Jul 2015
Supplement Date: Aug 2021 i Other versions can be found in the Related Items tab.
ISBN: 9781402424267
PLI Item #: 133924

More patent applications are rejected because of claim drafting flaws than because of problems with inventions. A trusted working tool for more than two decades, Faber on Mechanics of Patent Claim Drafting spotlights proven claim drafting practices and techniques that have been firmly established by patent authorities and custom. This lucid, time-saving handbook offers you:

  • Start-to-finish directions for each type of claim—apparatus or machine, method or process, composition of matter, article of manufacture, and biotechnology
  • Extensive discussion of nonart rejections, classic and more recent constructions of means clauses, inherent function of the apparatus doctrine, mental steps and computer programs, product-by-process claims, and claims referring to drawings
  • Quotations from litigated claims to help you see which types of limitations and phrases have (and have not) been “judicially approved”
  • Real-world examples of dependent claims, Jepson claims, generic and species claims, subcombination claims, and biotechnology claims
  • Numerous tips on how to avoid common claim drafting mistakes
  • Definitions and preferred usage of stylized words and phrases in patent law, such as “comprising,” “consisting,” “means for,” “step for,” and “whereby”
  • Guidance on how to review claims to eliminate errors and superfluous language

Faber on Mechanics of Patent Claim Drafting examines:

  • Ways of avoiding transition words that can cause unnecessary claim interpretation problems
  • Claim terms that are incapable of interpretation and can render claims indefinite and invalid
  • Problematic alternative expressions
  • Practical issues involved in amending filed claims, claiming numerical ranges and amounts, and disclosing in a specification several alternatives of elements or embodiments of the invention

Faber on Mechanics of Patent Claim Drafting provides full coverage of U.S. Supreme Court and other court decisions critical to claim drafting. It is an indispensable guide for patent specialists and other intellectual property attorneys, corporate counsel, patent agents, patent officials, and inventors.

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Robert C. Faber has been an intellectual property lawyer for over forty years. He is a graduate of Cornell University and Harvard Law School. He is a partner in the New York City intellectual property law firm of Ostrolenk Faber LLP.

Mr. Faber is the author of the “Sixth Edition of Faber on Mechanics of Patent Claim Drafting” and was the author of the Third, Fourth and the Fifth Editions of “Landis on Mechanics of Patent Claim Drafting,” which the Sixth Edition replaced. This is a prominent text in the patent field.

Mr. Faber had been a member of the faculty of Practicing Law Institute (“PLI”) Patent Bar Review course for more than twenty years, which focused on the Patent Agent’s Examination and claim writing.  He also is a faculty member of PLI’s Advanced Claim and Amendment writing and Fundamentals of Patent Prosecution courses since their inception, and has lectured on intellectual property and patent matters for PLI, the Bureau of National Affairs, New York Intellectual Property Law Association, NY State Bar Association and other organizations.  Mr. Faber has litigated in the courts in patent, trademark and copyright matters.

He has been recognized in the 2007, 2009, 2011 and 2013 publications of the Guide to the World’s Leading Patent Practitioners.  This is a peer recommendation listing of several hundred patent practitioners throughout the world, published by Managing Intellectual Property and Euromoney Institutional Investor, PLC.