
Consider a Spherical Patent: IP and Patenting in Technology Business
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When a claim is draed, it is intended to have a sharp boundary, like a sharp
signal. However, when a claim “signal” is run through the USPTO, it issues with a
smeared-out boundary because the uncertainty in the examination process gives
rise to claim distortion. Only when a claim is measured by the legal system (i.e.,
by a court of law or the USPTO reexamination or inter partes review processes)
is the boundary claried. is clarication is the fundamental task of the court,
which is charged with interpreting the claim and declaring where the boundar-
ies lie relative to t ...