Functional Claiming for Mechanical and Electrical Arts
Surviving 112(f) and Disclosing Functional Basis to Meet Heightened Standard of Review
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide IP counsel on functional claiming in electrical and mechanical arts patents and USPTO prosecution. The panel will examine recent court treatment and how to navigate the issue of functionality given the uncertainties in the context of prosecution and litigation.
Outline
- Review of the recent decisions and how the courts have applied them
- Functional claiming in the mechanical arts
- Functional claiming in the electrical arts
- Benefits and risks involved with using functional claims
- Best practices for leveraging Section 112(f) and functional claims for maximum patent protection
Benefits
The panel will review these and other key issues:
- What are the risks of a 112(f) interpretation for the patentee?
- What is sufficient structure for supporting 112(f) claims?
- What are best practices for drafting specifications to support functional claims?
Faculty

Doris Johnson Hines
Partner
Finnegan Henderson Farabow Garrett & Dunner
Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International... | Read More
Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International Trade Commission, and before arbitration panels. She has argued a number of cases before the U.S. Court of Appeals for the Federal Circuit. She regularly represents clients in mediations and assists in licensing negotiations. She advises clients on strategic patent prosecution, monetization strategies for issued patents, and patent damages, including issues relating to standard essential patents and fair, reasonable, and non-discriminatory (FRAND) terms.
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Theresa Stadheim
Principal
Schwegman Lundberg Woessner
Ms. Stadheim is a registered patent attorney. Her practice involves writing and prosecuting patent applications in... | Read More
Ms. Stadheim is a registered patent attorney. Her practice involves writing and prosecuting patent applications in the areas of wireless technologies, military and government technology, cryptographic and secure systems, computer architecture and programming, memory devices, and oil and gas industry technologies. Prior to becoming an attorney, Ms. Stadheim worked as a designer of electrical, software and firmware systems for leading companies in the automotive industry and in the printing industry.
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