Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

patent claims

Read a random definition: finance

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
LSD+ is ad-free, with DMs, discounts, case briefs & more.