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Legal Definitions - breadth of a claim
Definition of breadth of a claim
In the context of patents, the breadth of a claim refers to the scope or extent of legal protection granted to an invention. It defines how widely the patent prevents others from making, using, or selling similar inventions. A broader claim offers more comprehensive protection, covering a wider range of variations or applications of the invention, while a narrower claim protects only very specific aspects.
Example 1: A Novel Furniture Design
Imagine a company invents a new type of chair. If their patent claim is written very narrowly, it might describe "a chair with four tapered wooden legs, a molded plastic seat, and a backrest made of woven rattan." This claim has limited breadth because it only protects that specific combination of materials and design elements. However, if the claim is written more broadly, it might describe "a seating apparatus comprising a support structure and a surface configured to support a human body." This broader claim would encompass a much wider array of designs, materials, and configurations (e.g., stools, benches, chairs with metal legs, fabric seats, etc.), making it harder for competitors to design around the patent without infringing. The latter claim demonstrates greater breadth of a claim because it covers a wider range of potential infringing products.
Example 2: A Software Algorithm
Consider a software developer who creates a unique algorithm for optimizing data transfer over a network. A narrow patent claim might specify "a method for optimizing data transfer in a peer-to-peer network using a specific encryption protocol (e.g., AES-256) and a particular packet prioritization scheme." This claim has limited breadth as it's tied to very specific technical details. Conversely, a broader claim might state "a method for improving the efficiency of data transmission between networked devices." This claim would have greater breadth of a claim because it could cover various network types (client-server, peer-to-peer), different optimization techniques, and various data types, making it more difficult for competitors to create alternative solutions for efficient data transmission without infringing on the patent.
Simple Definition
In patent law, the "breadth of a claim" refers to how wide or narrow the legal protection granted by a patent is. It defines the specific features and scope of an invention that others are legally prevented from making, using, or selling without permission. A broader claim covers more variations of an invention, offering wider protection.