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The scope of the claims must also not be "broader than is justified by the extent of the description and also the contribution to the art". [9] "[T]his requirement reflects the general legal principle that the extent of the patent monopoly, as defined by the claims, should correspond to the technical contribution to the art in order for it to ...
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".
In the United States, to have patent claims "rejected" in a patent application means that the subject matter as claimed is considered by the patent examiner to be unpatentable. [60] A final Office action based on rejection of claims is subject to review by the Board of Patent Appeals and Interferences (BPAI). cf Objections, supra.
An independent ("stand alone") claim does not refer to an earlier claim, whereas a dependent claim does refer to an earlier claim, assumes all of the limitations of that claim and then adds restrictions (e.g. "The handle of claim 2, wherein it is hinged.") Each dependent claim is, by law, narrower than the independent claim upon which it depends.
A Markman hearing is a judicial proceeding held in the United States District Court for claims dealing with patent infringement. During a Markman hearing a judge is responsible for interpreting the meaning of words and phrases in a patent, ultimately providing what is known as "claim construction." [1] This is also known as claim interpretation ...
In United States pharmaceutical regulatory practice, a Complete Response Letter (CRL), or more rarely, a 314.110 letter, is a regulatory action by the Food and Drug Administration in response to a New Drug Application, Amended New Drug Application or Biologics License Application, indicating that the application will not be approved in its present form. [1]
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments.
Novelty is requirement for a patent claim to be patentable. [1] In contrast, if an invention was known to the public before filing a patent application, or before its date of priority, if the priority of an earlier patent application is claimed, the invention is not considered new and therefore not patentable.