Is the Invention a Product or a Process: Product-By-Process Claims in Practice

Litigation relating to product-by-process patent claims often comes up in the chemical engineering context. A patent holder seeking to establish infringement of such a claim must prove that the accused infringer meets each of the process limitations recited in the claim; however, a party seeking to invalidate the patent only needs to establish that the product previously existed, regardless of the process by which it was made. This session will focus on what product-by-process claims are, how they are interpreted by courts, and key takeaways for those in the industry. Whether you are an expert witness, a process engineer seeking to protect or design around intellectual property, or just interested in patent law, this session is for you.