By: Josh Sloat
The Patently Strategic Podcast is back in action for the start of Season Four and we're leading off today with a very important conversation on Claim Construction! This is part two of an important three-part series and picks up from our Season 3 episode on Claim Strategies – which goes from claim basics all the way to effectively leveraging claim strategies. If you haven’t listened to that one yet or if any of this gets a little thick, we highly recommend you go back and give it a listen. There is not a more important concept to grasp in all of patenting. Claims define the boundaries of your intellectual property. The highly nuanced process that goes into crafting them is all the difference between a defensible, assertable, valuable property right – and an expensive vanity piece for your wall.
Valuable Lessons in Claim Construction
In this month’s episode, Kristen Hansen, Patent Strategy Specialist and creative claim construction worker here at Aurora leads a discussion, along with our all-star patent panel, delving into the world of claim construction. Claim construction is a process in which courts attempt to interpret the meaning and scope of the claims of a patent. It’s sort of like reverse engineering – or maybe more accurately reconstructing – what an inventor and their practitioner meant back when they drafted the patent application.
While your patent might not be tested in a court for many years, understanding the sometimes surprising language specifics and context traps while drafting now can help set you up for success later when defending your patent or attempting to stop an infringer. The words you choose now and the support you provide when drafting are your opportunity to help derisk the process of courts and juries later interpreting what you meant. And oftentimes, claim construction can be the KEY FACTOR in resolving disputes even before litigation, with the facts that come out of claim construction deciding the monetary value and payouts in settlements. In breaking this all down, Kristen and the panel discuss:
Kristen is joined today by our always exceptional group of IP experts including:
Mossoff Minute: Drug Price Controls
In this month’s minute, Professor Adam Mossoff discusses recently proposed regulations that would misapply Bayh-Dole provisions to impose march-in rights on patent-protected innovations and create price controls via compulsory licensing. This amounts to government seizure of private property and will do tremendous harm – especially to the life sciences – if implemented. We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok.
Season Four Preview
It’s going to be another big year for patents and we couldn’t be more excited about the lineup we’re bringing you, including:
How to listen
Patently Strategic is available on all major podcasting directories, including Apple Podcasts, Spotify, and Google Podcasts. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities.
For the visual learners out there, we also like to make our presenter slides available for your reference.
Ashley Sloat, Ph.D.
Startups have a unique set of patent strategy needs - so let this blog be a resource to you as you embark on your patent strategy journey.