The Claim Contingency: How If-Then Language Can Sink a Patent
Edward Ryan Conditional language seems like a natural choice for describing computer-based inventions. The if-then structure mimics computer logic, allowing an algorithm to be translated directly into the claims. But, thanks to a counter-intuitive and inconsistently applied principle of claim interpretation, using this language can result in claim elements being ignored entirely--both in prosecution and in litigation. How are conditional claim limitations...