Legal Definitions - claims

In a legal context, a claim generally refers to a formal assertion of a right, a demand for something due, or a statement of fact that a party intends to prove. It is a declaration of what one believes to be true or what one is entitled to receive.

More specifically, in patent law, a claim is a crucial section within a patent application that precisely defines the novel and unique features of an invention. These claims establish the exact boundaries of the legal protection granted by the patent, informing the public and competitors what specific aspects of the invention are protected and cannot be used, made, or sold without the patent holder's permission. Patent claims must be clear and specific to ensure fairness and prevent an inventor from claiming more than they actually invented.

Here are some examples illustrating the concept of a claim:

• Patent Application for a New Medical Device: Imagine a company invents a new surgical tool designed to perform a specific procedure with greater precision. The patent application for this tool would include several claims. One claim might describe the unique ergonomic handle design, another could detail the specific material composition of the cutting edge, and a third might outline the innovative mechanism for attaching disposable components. These claims collectively define the exact scope of the invention, ensuring that only these specific, novel features are protected by the patent, not just any surgical tool.

  This example illustrates how patent claims meticulously delineate the innovative aspects of an invention, setting clear boundaries for what is legally protected and preventing others from copying those specific features.

• Civil Lawsuit for Breach of Contract: A small business owner contracts with a software development firm to build a custom application, but the firm fails to deliver the software on time and with the agreed-upon features. The business owner decides to sue the software firm. In their lawsuit, the business owner would make a claim for breach of contract, asserting that the firm violated the terms of their agreement and demanding financial compensation for the damages incurred due to the delay and incomplete product.

  This example demonstrates a claim as a formal assertion of a legal right (to have the contract fulfilled) and a demand for a remedy (compensation) within a legal dispute.

• Insurance Claim After a Car Accident: Following a minor fender-bender, a driver's car sustains damage to the bumper and headlight. The driver contacts their insurance company to report the incident and requests that the company cover the cost of repairs as per their policy. This request is known as an insurance claim. The driver is asserting their right under the insurance contract to receive benefits for covered damages.

  This example shows a claim as a formal demand made to an entity (an insurance company) based on an existing agreement or right, seeking a specific benefit or payment.