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- videocam Live Webinar with Live Q&A
- calendar_month June 23, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Patent
- schedule 90 minutes
Let's Talk About "About"– How Small Words Cause Big Problems in U.S. Patent Claims
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About the Course
Introduction
This CLE webinar will guide patent counsel on the use of small words in patent claims. The panel will address the potential dangers of small words and the practical impact of recent court and PTAB decisions. The panel will offer best practices for preparing and prosecuting a U.S. patent application to avoid problematic claim terminology and troublesome language in the specification.
Description
In a recent precedential decision, Enviro Tech Chemical Services v. Safe Foods Corp. (Fed. Cir. May 4, 2026), the Federal Circuit concluded that the term "about" was indefinite, which rendered all of the asserted claims invalid. Although terms of degree like "about" are not inherently indefinite, the Federal Circuit agreed with the district court that the intrinsic evidence failed to inform a skilled artisan of the term's scope with reasonable certainty.
Other small words such as "a," "the," "or," and "to" have also proven problematic for patent owners. For example, courts have sometimes held that "a" means "at least one" [see KCJ Corp. v. Kinetic Concepts Inc., 223 F.3d 1351 (Fed. Cir. 2000) and Baldwin Graphic Sys. Inc. v. Siebert Inc., 512 F.3d 1338 (Fed. Cir. 2008)], and in others have restricted it to mean "one and only one" [see Harari v. Lee, 656 F.3d 1331 (Fed. Cir. 2011) and Insituform Techs. Inc. v. CAT Contr. Inc., 99 F.3d 1098, 1106 (Fed. Cir. 1996)].
Highlighting the critical importance of word selection, the Federal Circuit has noted that, in view of claim construction's significance to issues of patentability, validity, and infringement, it is the patentee's responsibility to avoid textual sloppiness and resolve ambiguity. As such, a patent drafter's selection of even the smallest of words can significantly impact how a claim is construed—the more care taken in patent drafting and prosecution, the more likely the patent will be construed as the patentee desires and avoid these problems.
Listen as our authoritative panel of patent attorneys explains how "about," "a," and other small words can be dangerous for patent owners. The panel will discuss Enviro Tech and other recent district court and PTAB decisions, analyzing their practical impact on U.S. patent practice. The panel will also offer best practice tips for preparing and prosecuting a U.S. patent application to avoid such problematic claim terminology and troublesome language in the specification.
Presented By
Ms. Aiello is an experienced patent attorney with a demonstrated history of working in the consumer goods industry including beauty and personal care products and compositions (bars, liquids, sanitizers, shampoos, conditioners, etc.). She is skilled in Patent Prosecution, Freedom to Operate (FTO), Patent Portfolio Analysis, Patent Law, Technology Transfer, NDA/CDAs, and other aspects of Intellectual Property.
Mr. Irving has more than 47 years of experience in the field of IP law. His practice includes due diligence, patent prosecution, reissue and reexamination, patent interferences, and counseling, including prelitigation, Orange Book listings of patents covering FDA-approved drugs, and infringement and validity analysis in the chemical fields, as well as litigation. Mr. Irving has served as lead counsel in many patent interferences.
Ms. Lee’s practice focuses on strategic counseling, procurement of worldwide patent rights, due diligence, freedom to operate, and IP transactions. She routinely advises clients in the pharmaceutical, biotechnology and medical device industries regarding patentability, validity, freedom-to-operate, and regulatory exclusivity. Drawing from her extensive experience across all aspects of patent practice, Ms. Lee develops and executes patent procurement strategies that are aligned with clients’ immediate and long-term business goals, including product life cycle management under the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act. She leverages her strong ability to digest complex technical information with her experience in both patent procurement and litigation to provide clients with valuable transactional insights and a unique approach to negotiating IP terms in agreements. Ms. Lee’s experience spans a broad range of life science technologies including antibodies, vaccines, small molecule pharmaceuticals, diagnostics, veterinary formulations, data science, biomaterials and medical devices. She also has experience with a variety of other technologies including polymers, cosmetics, industrial chemicals, manufacturing process controls, paper, and software.
Ms. O’Brien has more than 25 years of experience representing both domestic and foreign clients of all sizes in the areas of patent procurement, litigation, and client counseling, with a particular emphasis on chemical, biochemical, and pharmaceutical technologies. Exemplary areas of Ms. O’Brien’s technical expertise include polymer chemistry; ceramics; glass; food chemistry; cosmetics; paper products; adhesives; and pharmaceutical products including new chemical entities and formulations, as well as novel solid forms including polymorphs, cocrystals, and amorphous forms of compounds. Ms. O’Brien’s expertise includes all aspects of preparing and prosecuting U.S. and foreign patent applications, such as patent drafting and prosecution, as well as more complex matters such as reissue and reexamination proceedings, appeals hearings, Post-Grant Reviews (PGR), and Inter Partes Reviews (IPR) before the Patent Trial and Appeal Board (PTAB). Her litigation expertise focuses on patent infringement cases including, for example, Hatch-Waxman litigation involving Abbreviated New Drug Applications, and includes all stages from pre-discovery through trial.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, June 23, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. How are small words problematic?
A. Court treatment
B. PTAB treatment
II. Best practices for drafting and prosecuting patent applications
The panel will review these and other important issues:
- How can a single word/unfortunate punctuation in claim language and specification lead to the demise of U.S. patent rights?
- How do recent decisions impact drafting claims and specifications?
- What steps can counsel take to avoid problematic claim terminology?
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