Think Twice When Writing About The "Invention" In A Patent Application

Two recent Federal Circuit decisions emphasize that characterizing the "present invention" by using that term in a U.S. patent application specification can limit the claims according to that characterization.  See AstraZeneca AB v. Hanmi USA Inc. (non-precedential) and Hill-Rom Services, Inc. et al. v. Stryker Corp. et al. However, another recent Federal Circuit case demonstrates that U.S. patent applicants can nevertheless write specifications about the "invention" that are less likely to unduly limit claims.  See ScriptPro, LLC v. Innovation Associates, Inc.

The Invention "Broadly Includes" or "Broadly Comprises"

While the specification stating that the "present invention" has, is, or requires certain features can limit the claims accordingly, stating that the invention "broadly includes" or "broadly comprises" certain features may not be so limiting.