Exploring the Butterfly Effect in Patents

Exploring the Butterfly Effect in Patents - Shifting from 'Or' to 'And'

Have you ever recognized that even a single word in a claim can make a sizeable difference in your freedom to operate in a product landscape?

Recently, a corporate client engaged us to assess their freedom to operate in developing a new touch panel, considering the potential impact of claims from a patent undergoing ex-parte reexamination. The client also sought our opinion on the patent's validity.

It was an intriguing case wherein the client was perplexed about how and why a change of a single word, specifically, from 'OR' to 'AND', could influence the validity of the patent or impact their freedom to operate in new product development.

 

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