HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
broadening of a claim
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A quick definition of broadening of a claim:
Broadening of a claim: When someone gets a patent for an invention, they can make a claim that says what their invention does and how it works. Sometimes, they might want to make their claim bigger so that it covers more things. This is called broadening a claim. The bigger the claim, the more protection the inventor has, but it also makes it easier for someone to prove that the invention isn't new.
Alternative Reproductive Technology (ART): Sometimes, people can't have babies the usual way, so they might need help from doctors. This is called alternative reproductive technology or ART. It includes things like in vitro fertilization, where a baby is made outside of the body, and using a surrogate, where someone else carries the baby for you.
A more thorough explanation:
Definition: Broadening of a claim refers to the expansion of the scope of a patent claim to increase its coverage. This means that the patent claim covers more methods or devices that could potentially infringe on the claim. However, drafting a claim too broadly increases the risk of it being invalidated by prior art.
Example: Let's say a company has a patent for a new type of phone case that protects the phone from water damage. The original claim may have been for a specific design of the case. However, if the company wants to broaden the claim, they could expand it to cover any type of phone case that protects the phone from water damage. This would give the company greater protection against competitors who may try to create similar phone cases.
Alternative Reproductive Technology (ART): ART refers to alternative methods of reproduction used by individuals who are infertile. This includes in vitro fertilization, sperm donation, ovum donation, and the use of a surrogate carrier. The term was defined in 1992 by the Fertility Clinic Success Rate and Certification Act.
Example: A couple who is unable to conceive a child naturally may turn to ART methods such as in vitro fertilization. This involves fertilizing an egg outside of the body and then implanting it into the woman's uterus. By using ART, the couple is able to have a child despite their infertility.