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題名 Definite Indefiniteness of "Molecular Weight" as a Claim Term for Polymer-Related Patents
作者 陳秉訓
Chen, Ping-Hsun
貢獻者 科管智財所
日期 2018-03
上傳時間 9-Oct-2018 11:49:30 (UTC+8)
摘要 The molecular weight of a polymer is not just a number for a single molecule. In fact, molecular weight measurement is based on a large volume of molecules of the same polymer. Due to the non-uniformity of molecular weights, there are several methods to measure an “average molecular weight” of a polymer. Unfortunately, the Federal Circuit in Teva Pharms. USA, Inc. v. Sandoz, Inc., 789 F.3d 1335 (Fed. Cir. 2015), held that the term “molecular weight” in several polymer claims was indefinite, because the term could mean either peak average molecular weight, number average molecular weight, or weight average molecular weight. This paper analyzes the claim construction and indefiniteness determination in Teva to illustrate the flaws of the patentee’s specification. This paper also proposes practical solutions for patent drafting to avoid indefiniteness issues.
關聯 Journal of Business, Entrepreneurship and the Law, Vol.11, No.1, pp.207-232
資料類型 article
dc.contributor 科管智財所-
dc.creator (作者) 陳秉訓zh_TW
dc.creator (作者) Chen, Ping-Hsunen_US
dc.date (日期) 2018-03-
dc.date.accessioned 9-Oct-2018 11:49:30 (UTC+8)-
dc.date.available 9-Oct-2018 11:49:30 (UTC+8)-
dc.date.issued (上傳時間) 9-Oct-2018 11:49:30 (UTC+8)-
dc.identifier.uri (URI) http://nccur.lib.nccu.edu.tw/handle/140.119/120424-
dc.description.abstract (摘要) The molecular weight of a polymer is not just a number for a single molecule. In fact, molecular weight measurement is based on a large volume of molecules of the same polymer. Due to the non-uniformity of molecular weights, there are several methods to measure an “average molecular weight” of a polymer. Unfortunately, the Federal Circuit in Teva Pharms. USA, Inc. v. Sandoz, Inc., 789 F.3d 1335 (Fed. Cir. 2015), held that the term “molecular weight” in several polymer claims was indefinite, because the term could mean either peak average molecular weight, number average molecular weight, or weight average molecular weight. This paper analyzes the claim construction and indefiniteness determination in Teva to illustrate the flaws of the patentee’s specification. This paper also proposes practical solutions for patent drafting to avoid indefiniteness issues.en_US
dc.format.extent 120 bytes-
dc.format.mimetype text/html-
dc.relation (關聯) Journal of Business, Entrepreneurship and the Law, Vol.11, No.1, pp.207-232-
dc.title (題名) Definite Indefiniteness of "Molecular Weight" as a Claim Term for Polymer-Related Patentsen_US
dc.type (資料類型) article-