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Title: Methodology of Claim Construction after Phillips v AWH Corp: The Need for an Alternative Approach
Authors: Ramanujan, Adarsh
Keywords: Claim construction;Patent, Phillips;Texas Digital;Intrinsic sources;Extrinsic sources
Issue Date: Jan-2009
Publisher: CSIR
Abstract: Patents are considered as one of the most important and critical intellectual properties. This is so not just because patents serve to develop scientific temper and thereby result in scientific progress, which is very critical for any civilization to develop. This is also because, economically, patents are the most reaping. The emergence of the TRIPS regime has only served to underscore its significance. Given that patents are of much significance, patent claims, which define the area of the patentee’s monopoly – play the most important role. Despite their significance, the author feels that patent claims have not received as much importance as they deserve. This is especially so with reference to principles of claim construction. World over, courts and patent offices seem to be meandering and wavering in their approaches towards claim construction and the USA is no exception. This article attempts to critically analyse the recent en banc decision of the Federal Circuit in Phillips v AWH Corp and trace the evolution of principles of claim construction as applied in the USA. The implications, ramifications and faults with the approach in the Phillips case are observed and the author has proposed an alternative approach to construe and interpret claims.
Page(s): 28-45
ISSN: 0971-5544
Appears in Collections:JIPR Vol.14(1) [January 2009]

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