Why Patent Examiners and Judges Don't Read Your Patent the Same Way Ep. 178

In this episode I explain why a patent examiner and a judge may interpret the exact same patent claim differently. I break down the Patent Office's Broadest Reasonable Interpretation standard, how courts analyze claims after a patent issues, and why the wording of your claims, specification, and prosecution history can dramatically affect what your patent ultimately covers. I also explain what inventors can do during prosecution when an examiner reads a claim more broadly than expected, and why careful drafting from the beginning can make a major difference later.