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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]
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 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.
Patent-eligibility: patent-eligibility (Invalidating method claims for "abstract idea", where steps of method not tied to particular machine). Undue patent claim breadth: Patent holder can only hold a patent on the steps taken, not on every means to the result. Corning v. Burden: 56 U.S. 252: 1853: Winans v. Denmead: 56 U.S. 330: 1853
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".
I didn't until I read in FOSS Patents, Florian Mueller's software patents blog, that the United States Patent and Trademark Office had found invalid all 20 claims made under "Steve Jobs Patent ...
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.
Claim charts may also be used to support an argument that a patent claims ineligible subject matter, such as a law of nature or a conventional business practice. The left column of this type of chart is the same as that of the claim charts described above.