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Simple English definitions for legal terms

patent claims

Read a random definition: de excommunicato capiendo

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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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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