Functional Claiming

  • February 06, 2018
  • 1:30 PM - 2:30 PM
  • GoToWebinar



Functional claiming is a hot topic for today’s patent prosecutors. Although many of us forgo using “means” in our claims to avoid construction under Section 112(f), the U.S. Patent Office and recent Federal Circuit case law have different constructions in mind.

This program will focus on:

  • Intricacies of functional claiming,
  • Ensuring the claims are interpreted by the USPTO and courts in the manner you intended,
  • Insight as a prosecutor and discussion on some pitfalls, and
  • How accused infringers can use functional claiming against the unwitting patent owner

Time allowed, the presenters will also discuss the topic of how claiming function can be helpful for highlighting patentability in mechanical and electro-mechanical technologies.

This will be a detailed, focused discussion for the seasoned practitioner, so come prepared with your hard questions!


Jennifer Bailey is a Shareholder with Erise IP and specializes in patent prosecution, intellectual property transaction matters, and IPRs and other post-grant reviews at the U.S. Patent Trial and Appeal Board. Jennifer has prosecuted hundreds of U.S. patent applications in the software, electrical, and electro-mechanical technologies. She was lead counsel on the first IPR filed and continues to represent both Petitioners and Patent Owners in post-grant proceedings at the USPTO. 

Megan Redmond is a Shareholder with Erise IP in Overland Park, Kansas. Megan litigates and tries patent, trademark, copyright, and trade secret cases. She has significant experience with all stages of proceedings in intellectual property cases in numerous federal district courts, the International Trade Commission, and the Trademark Trial and Appeal Board. Megan’s litigation practice focuses on high technology, complex litigation. Her experience includes cases involving electronic medical records, telecommunications, natural language processing technology, online video game technology, medical devices, medical software, GPS technology and various other technologies.

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