Wednesday, April 13, 2011 2:36:06 PM
Re-exams and changes to the patent that ensue have an effect. Much debate has occurred as to whether claim modifications add teeth. As i understand it, claims can only more narrowly define the scope of claims. So does that give something more teeth if it's more narrowly defined? It can. It would make it easier to enforce against infringers, however the number of infringers may be reduced due to the greater clarification/specificity.
There are situations where if the claim modifications are substantial, compensation for previous infringement can be lost and can only apply to future use. So claim modifications cut both ways.
Regards,
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