15:55
under the bridge there be trolls
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LSDefine
Simple English definitions for legal terms
claims
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A quick definition of claims:
Claims: Claims are statements that say something is true, but they don't always have proof. In patent law, a claim is a description of what makes an invention new and different, and it helps protect the invention from being copied. To make sure the claim is clear, the person who made the invention has to be very specific about what they're claiming. When deciding if a claim is obvious or not, people look at what was already known before the invention, how different the invention is from what was known before, and if there's any evidence that the invention is truly new and different.
A more thorough explanation:
Claims are statements that are made in a case, but they are not always backed up with proof. In patent law, a claim is a formal description of the unique features of an invention and the protection that the patent provides. The claim must be specific to prevent the patent from being too broad. This is required by law to ensure that the patentee is not claiming more than what they have invented.
When determining whether a patent claim is obvious or not, several factors are considered:
- The scope and content of the prior art
- Differences between the prior art and the claims
- The level of ordinary skill in the relevant field
- Objective evidence of non-obviousness
For example, if someone claims to have invented a new type of phone that can make calls without a battery, they would need to provide evidence to support this claim. If they cannot provide evidence, then their claim may not be valid.