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LSDefine
Simple English definitions for legal terms
open-ended claim
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A quick definition of open-ended claim:
An open-ended claim is a statement in a patent that describes the unique features of an invention and defines the extent of the patent's protection. It contains a list of elements that are not exclusive, meaning that other similar elements can also be included. This type of claim is different from closed-ended claims, which limit the scope of the patent to a specific list of elements, and nearly closed-ended claims, which limit the scope but do not exclude close analogues. Open-ended claims provide broader protection for inventors, but they must be carefully crafted to avoid loopholes that infringers can exploit.A more thorough explanation:
An open-ended claim is a type of patent claim that contains a nonexclusive list of elements, usually introduced by the phrase "consisting of." This means that a later patent applicant cannot avoid infringement by simply adding an analogue to the list.
- A patent claim for a new type of bicycle tire that includes a list of materials "consisting of rubber, nylon, and Kevlar."
- A patent claim for a new type of smartphone that includes a list of features "consisting of a touch screen, camera, and GPS."
These examples illustrate how an open-ended claim can provide some flexibility in defining the scope of a patent, while still protecting the inventor's rights to the listed elements. However, it also means that competitors may be able to create similar products that include additional elements not listed in the claim.