Abstract

http://ssrn.com/abstract=2234193
 


 



The Interpretation-Construction Distinction in Patent Law


Tun-Jen Chiang


George Mason University School of Law

Lawrence B. Solum


Georgetown University Law Center

2013

Yale Law Journal, Volume 123, 2013, pp. 530-614
Georgetown Public Law Research Paper No. 13-023
George Mason Law & Economics Research Paper No. 13-69

Abstract:     
The ambiguity of claim language is generally considered to be the most important problem in patent law today. Linguistic ambiguity is believed to cause tremendous uncertainty about patent rights. Scholars and judges have accordingly devoted enormous attention to developing better linguistic tools to help courts understand patent claims.

In this Article, we explain why this diagnosis is fundamentally wrong. Claims are not often ambiguous, and linguistic ambiguity is not a major cause of the uncertainty in patent law today. We shall explain what really causes the uncertainty in patent rights, how the erroneous diagnosis of linguistic ambiguity has led the literature off-track, and what will get us back on track to solving the uncertainty problem.

Number of Pages in PDF File: 85

Keywords: patent claims, claim construction, claim interpretation

JEL Classification: O34

Accepted Paper Series





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Date posted: March 16, 2013 ; Last revised: December 5, 2013

Suggested Citation

Chiang, Tun-Jen and Solum, Lawrence B., The Interpretation-Construction Distinction in Patent Law (2013). Yale Law Journal, Volume 123, 2013, pp. 530-614; Georgetown Public Law Research Paper No. 13-023; George Mason Law & Economics Research Paper No. 13-69. Available at SSRN: http://ssrn.com/abstract=2234193

Contact Information

Tun-Jen Chiang (Contact Author)
George Mason University School of Law ( email )
Lawrence B. Solum
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
Washington, DC 20001
United States
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