Marking Your Territory: When Patent Claims Include Trademarks, Part 2

The use of trademarks in patent claims was previously discussed here. Trademarks continue to be used in patent claims despite the potential for problems. This is most likely true because the trademark is seen as the best way to properly claim the invention. There is, of course, a concern that a trademark is indefinite because the product can be changed at any time by the trademark owner. Changing meaning is a condition that can afflict any word in a claim, however, and not just trademarks — granted that changing meaning is more likely with a trademark because it requires the action of a single person or entity, while changing the meaning of the work requires consensus.

Here are examples of trademarks recently used in patent claims: