Fence Posts or Sign Posts? Rethinking Patent Claim Construction

Name: Fence Posts or Sign Posts? Rethinking Patent Claim Construction
Cite: 157 U. PA. L. REV. 1743
Year: 2009
Bluebook cite: Dan L. Burk & Mark A. Lemley, Fence Posts or Sign Posts? Rethinking Patent Claim Construction, 157 U. PA. L. REV. 1743 (2009)
Author: Dan L. Burk & Mark A. Lemley
URL
Item Type: article
Summary: Describes difficulty of claims construction, the function of the court, patent attorneys, and the effect that difficulty has on the patent process, and on patent litigation. Discusses the danger of claims being construed, not according to their legal meaning, but according to the "semantic debates over the meaning of words chosen by lawyers."