Research Handbook on Patent Law and Theory
Show Less

Research Handbook on Patent Law and Theory

Second Edition

Edited by Toshiko Takenaka

This significantly updated second edition of the Research Handbook on Patent Law provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 8: Claim construction under US and German patent acts: wording used in the claims and the invention disclosed in the specification

Toshiko Takenaka and Christof Karl

Abstract

This chapter examines the vastly different approaches in claim construction and specification drafting between the two most important patent jurisdictions, the United States and Germany. Despite the differences in approaches, the same set of claims and description of invention is used in an international application to obtain patents in these jurisdictions. The claim construction rule under the US case law discourages patentees from discussing their inventions, which would make it difficult for German courts to engage in claim construction. This chapter discusses the inherently indeterminate nature of claim wording and reviews US and German case law illustrating the fundamental principles and different sources used for claim construction, in particular specification. It also examines US commentators’ reform proposals and suggests changes to the U.S. case law through implementing the proposition formulated from German experiences.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.