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In a patent or patent application, the claims define in technical terms the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. The claims particularly point out the subject matter which the inventor(s) regard as their invention. [ 1 ]
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".
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.
A patent application or patent may contain drawings, also called patent drawings, illustrating the invention, some of its embodiments (which are particular implementations or methods of carrying out the invention), or the prior art. The drawings may be required by the law to be in a particular form, and the requirements may vary depending on ...
It is thus possible that careful claims drafting techniques will succeed in elevating form over substance, to avoid the impact of the machine-or-transformation test. The subsequent unanimous Supreme Court decisions in the Mayo and Alice cases, by reaffirming the doctrine of the Flook case, cast doubt on the likelihood of success of the drafting ...
A method patent claim can be infringed only when a single person or entity (including contractually obligated agents) practices all of the claimed steps. [5] Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to ...
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