Functional Claiming Under U.S. Patent Law

Braden Katterheinrich, Senior Patent Attorney, Seagate Technology, USA

Functional claim limitations can be useful for providing robust patent coverage, protecting what has been invented as well as variations therein. Patents employing such limitations can be useful for developing a portfolio that carves out a significant patent landscape, protecting one’s intellectual property and providing a strong negotiation position for both licensing and litigation purposes. Under U.S. law, uncertainty surrounding functional claim limitations has generated tension due to seemingly contradictory positions taken by both the courts and the U.S. Patent & Trademark Office (USPTO). These considerations are applicable to a variety of technologies, and are particularly interesting for computer-implemented inventions.

Braden Katterheinrich is a senior patent attorney at Seagate Technology where he enjoys counseling clients on IP, agreement, and risk-mitigation strategies.

Seagate is the global leader in data storage solutions, developing products that enable people and businesses around the world to create, share and preserve their most critical memories and business data.