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Simple English definitions for legal terms

patent claims

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A quick definition of patent claims:

Patent claims are statements in a patent that explain what an inventor has the right to do with their invention. These statements are very specific and describe exactly what the invention is and what it does. The language used in patent claims is important because it determines who can use or sell the invention. If someone uses or sells the invention without permission, they are breaking the law. Patent claims are also important in legal cases because they help determine if someone has broken the law and what the consequences should be.

A more thorough explanation:

Definition: Patent claims are statements in a patent document that define a patent owner's right on their invention with precise and exact terms that fully describe the boundaries of the invention or patent's scope.

For example, if someone invents a new type of phone case, the patent claims will describe exactly what makes that phone case unique and different from other phone cases. This will prevent others from making, using, or selling the same phone case without obtaining the owner's permission.

Per 35 U.S.C. § 112(b)-(f), patent applicants are given guidelines on how to draft their patent claims. These guidelines include:

  • (b) conclusion
  • (c) form
  • (d) reference in dependent forms
  • (e) reference in multiple dependent forms
  • (f) element in claim for a combination

The use of language in patent claims is important because it will specify exactly what the invention is. Therefore, someone else is not permitted to make, use or sell without obtaining the owner's permission. If the patent owners do not recite precisely what the invention is, people could infringe on the invention that the patent owner has claimed.

When people infringe a patented invention, the patent claims will be checked against the infringing activity. This is one of the reasons why the patent owner should write and describe the invention not in a general way in the written description or specification as it is called in the patent application.

Patent claims are also vital in a patent infringement case for the determination of unenforceability, enablement, and remedies. In these cases, courts will review the party's brief or hear evidence and argument to determine if the patent claims have been infringed upon.

For example, if someone creates a phone case that is very similar to the patented phone case, the court will review the patent claims to determine if the new phone case infringes upon the patent owner's rights.

This process is one of the most distinctive aspects of patent litigation.

Patent applied for | patent deed

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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