Simple English definitions for legal terms
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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.
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:
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.