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Simple English definitions for legal terms

patent claims

Read a random definition: supervening impossibility

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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windyMagician
11:09
shaq hows ur love life going? any updates?
shaquilleoatmeal
11:14
damn couldnt even get to Christmas dinner before this question lmao im not looking for anything serious rn so no updates lol
11:14
i made out with my ex in a stairwell the other day if you care. my only update
shaquilleoatmeal
11:14
oof
shaquilleoatmeal
11:14
twitter ex or a different ex
11:15
different ex
windyMagician
11:15
since its not Twitter dude I'll forgive it
shaquilleoatmeal
11:17
at least you did that before the new year, cant carry that baggage in 25
11:17
I think he thinks if I move to nyc we’re going to get back together
11:17
that’s not my plan tbh
jackfrost11770
11:18
this is so funny
shaquilleoatmeal
11:19
lmao damn wish id be classmates with this dude
shaquilleoatmeal
11:20
@cheriebomb: you never know what the future holds
jackfrost11770
11:20
also cherie fallen soldier
jackfrost11770
11:20
i got home at 8 am from the club and my neighbor was leaving to go biking. truly living in different worlds
11:20
i don’t fw him that heavy tbh
11:21
i get along better with his friends than i do with him
windyMagician
11:21
nah the hiking in Nike blazers deserves jail time
11:21
he was already vomiting and shitting in a hole I think he did his penance
windyMagician
11:26
call that restorative justice
11:35
they put a place in the UK second. I don’t trust their methodology
shaquilleoatmeal
11:35
im laughin cause it definitely isnt but the fact that some people this it is is comical
shaquilleoatmeal
11:35
tink*
shaquilleoatmeal
11:35
think jee
shaquilleoatmeal
11:35
jeez - im over it
11:37
imagine saying you want to go to boston for christmas 💀
shaquilleoatmeal
11:40
imagine you not wanting to go what lmao
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