Patent Claim Drafting and Construction in 2013

Crafting Claims to Withstand Scrutiny and Avoiding Claim Limitation Attack

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 20, 2013
Recorded event now available

This CLE webinar will provide guidance to patent counsel for defining patent claims, examine recent court treatment of claim construction issues, and offer approaches for claim construction and drafting.


Claim construction is the basis for deciding the validity of a plaintiff's claim and whether the defendant infringed the patent. Patent counsel must consider the future construction of claims when drafting them to both support the subject matter of the patent and to remain valid over prior art.

When including prior art references, for example, counsel must confirm that the prior art uses a term in the same way as in the specification. Further, the claim should describe prior art using terms consistent with those used to describe the embodiments.

This seminar will cover key elements of claim construction, including prior art, patent application disclosure, function, specification, claim scope, avoiding patent profanity, recent court treatment, and tips for obtaining and attacking patents.

Listen as our authoritative panel of patent practitioners examines key considerations when defining and drafting claims and how the courts are treating claim construction issues.


  1. Claim scope
  2. Defining claim
    1. Care in defining terms
    2. Patent profanity
    3. Avoiding extraneous claim limitation attack
    4. Incorporation by reference
  3. Claim drafting
    1. Ordinary works
    2. Functional language
    3. Key considerations
  4. Claim construction
    1. Court treatment
    2. Extrinsic evidence


The panel will review these and other key questions:

  • What are the key considerations for counsel in patent drafting?
  • What steps can be taken to avoid patent profanity?
  • What are the lessons of recent federal circuit decisions on claim construction for patent counsel?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Thomas L. Irving, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.

Mr. Irving has 35 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. He has served as lead counsel in many patent interferences.

Lauren L. Stevens, Of Counsel
Foley & Lardner, Palo Alto, Calif.

She practices strategic client counseling and patent procurement in the pharmaceutical area, including the preparation of validity, infringement, and freedom-to-operate opinions regarding chemical and pharmaceutical patents. She advises clients on intellectual property matters related to a wide range of technologies.

Colin G. Sandercock, Partner
Perkins Coie, Washington, D.C.

Mr. Sandercock practices in the areas of patent litigation, procurement, management and enforcement of domestic and foreign patent portfolios, licensing and license disputes, and opinions relating to infringement, validity and freedom to operate. His technical experience includes biotechnologies, analytical diagnostics, pharmaceutical chemistry, organic and inorganic chemistries, and material sciences.


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On-Demand CLE - Audio Recording

Includes streaming audio of full program plus handouts (available 24 hours after live program).

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*Not available for transitional attorneys in NY.

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Customer Reviews

The speaker was excellent at summarizing patent law topics - and presenting them in an understandable way that translates easily into real work scenarios.

Leah Robinson

NewMarket Services - Law Dept

Great information and recommendations were provided on claim construction and drafting. The information will be very useful in drafting future applications.

Heather S. Gerard


I liked the practical insights, particularly when tied to cases the presenters had worked on.

Michael Gray


Strafford provided an enthusiastic presentation that focused on patent practice, not theory.

David H. Vance

Vance Intellectual Property

The program provided good legal references, good bullet points and good scope.

Tim Thomas

Kolesar & Leatham

or call 1-800-926-7926

Intellectual Property Law Advisory Board

Stephen R. Baird


Winthrop & Weinstine

Charles S. Baker


Fulbright & Jaworski

David S. Bloch


Winston & Strawn

Ian N. Feinberg


Feinberg Day Alberti & Thompson

Bassam N. Ibrahim


Buchanan Ingersoll & Rooney

Mark P. Wine



or call 1-800-926-7926

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