Intellectual Property Law

New Matter WINTER 2019, Volume 44, Number 4

"Wherein" the Money: Limiting, Inherent, or Aspirational?

D. Benjamin Borson

Borson Law Group PC.


Patent practitioners often draft claims containing "wherein" (or "whereby") clauses. Under USPTO practice, such clauses have been challenged by Examiners, requesting such phrases to be deleted from the claims. This has led to uncertainty about the usefulness of such clauses, and some practitioners have attempted to draft such clauses in ways that do not incur an objection.

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