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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".
Claims were recommended in published patents in the Third Patent Act (1836) and finally became mandatory in the Fourth Patent Act (1870). [ 7 ] However, even among patent legal systems in which the claims are used as the reference to decide the scope of protection conferred by a patent, the way the claims are used may vary substantially.
On review in 2014 the Supreme Court reduced the patent-eligibility of software patents or patents on software for business methods, excluding abstract ideas from the list of eligible subject matters. After much confusion within the patent examiners and patent practitioners, the USPTO prepared a list of examples of software patent claims that ...
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.
To prove infringement, the patent owner must establish that the accused infringer practises all the requirements of at least one of the claims of the patent. (In many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the doctrine of equivalents.)
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 ...