12:27
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LSDefine
Simple English definitions for legal terms
claim differentiation
Read a random definition: mixed cognation
A quick definition of claim differentiation:
Claim Differentiation: When someone invents something new and wants to protect it, they can get a patent. A patent has different parts called claims, which explain what the invention does and how it's different from other things. Claim differentiation means that each claim in a patent is different and important, and they can't be the same. This helps make sure that the patent is fair and that the inventor gets credit for their unique ideas.
A more thorough explanation:
Definition: Claim differentiation is a principle used in patent law that assumes each claim in a patent has a unique meaning and scope. It presumes that different terms used in separate claims must have different meanings if one of the claims would otherwise be rendered unnecessary.
For example, if a patent has two claims, one for a "red car" and another for a "vehicle with four wheels," claim differentiation would assume that the two claims have different meanings and cannot be used interchangeably.
The doctrine of claim differentiation cannot be used by the patent holder to expand the scope of their claims. A court may ignore it if they believe their interpretation of the claims is correct. However, the presumption is strongest when a different interpretation would be the only way to make a dependent claim more limiting than the independent claim it refers to.
Overall, claim differentiation is an important principle in patent law that helps ensure that each claim in a patent has a unique meaning and scope, and that the patent holder cannot use it to broaden their claims.