Legal Definitions - alternative expression

In the field of patent law, an alternative expression refers to a way of describing an invention within a patent claim that includes two or more different elements or features, all of which perform the same function or achieve the same result.

The purpose of using an alternative expression is to broaden the scope of a patent claim, ensuring that the invention is protected even if it incorporates different but functionally equivalent components or methods. This allows the patent to cover variations of the invention without having to list every single possible permutation individually. For an alternative expression to be valid, it must be clear and unambiguous, leaving no doubt about what the patent is claiming.

Here are some examples:

• Example 1: A Fastening Mechanism

  Imagine a patent claim for a new type of furniture assembly. Instead of specifying only one way to connect two pieces, the claim might state: "a fastening mechanism comprising a bolt, a rivet, or an adhesive bond for securing component A to component B."

  This illustrates an alternative expression because "a bolt," "a rivet," and "an adhesive bond" are distinct elements, but they all perform the identical function of "securing component A to component B." By using this alternative expression, the patent protects the invention regardless of which of these common fastening methods is employed, as long as it achieves the stated function.

• Example 2: A Data Storage Medium

  Consider a patent for a novel software system. A claim within this patent might describe a component as: "a data storage medium configured to store user preferences, said medium being a local hard drive, a cloud-based server, or a removable flash memory device."

  Here, "a local hard drive," "a cloud-based server," and "a removable flash memory device" are all different types of hardware or services. However, they all serve the same function: "storing user preferences." This alternative expression ensures that the patent covers the software system whether the data is stored locally on a computer, remotely on the internet, or on a portable device.

• Example 3: A Temperature Regulation Element

  In a patent for an advanced medical device, a claim might specify: "a temperature regulation element comprising a Peltier cooler, a resistive heater, or a circulating fluid system for maintaining a stable operating temperature."

  This is an alternative expression because "a Peltier cooler," "a resistive heater," and "a circulating fluid system" are three distinct technologies. Despite their differences, they all fulfill the same core function of "maintaining a stable operating temperature" within the device. This allows the patent to protect the invention's temperature control aspect, regardless of the specific thermal management technology chosen by a manufacturer.