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The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
an activity, i.e. a process (or method) or a use. The claim is then called respectively "process claim" (or method claim) or "use claim". In the United States, these categories are referred to as the four statutory categories of invention, and they are: processes, machines, manufactures, and compositions of matter. [28]
Examination is the process by which a patent office determines whether a patent application meets the requirements for granting a patent. The process involves considering whether the invention is novel [11] and inventive, [12] whether the invention is in an excluded area [13] and whether the application complies with the various formalities of ...
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
An invalidity opinion, also called "validity opinion", is a legal opinion provided by an attorney on how a court might rule on the validity of an issued patent. Invalidity opinions are often sought prior to patent litigation. See Patent infringement.
This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
A Markman hearing is a process in which the court translates the complicated words of a patent claim into plain English in order to clarify the facts upon which infringement and invalidity analysis hinge.
It follows that all the steps of the ’270 patent are routine and []conventional. To allow the claim to survive would disproportionately risk preempting a building block of human interaction, retarding rather than promoting progress, contrary to the very purpose patents are granted. The court thereafter held the patent invalid.