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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".
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 ]
The drawing must show every feature of the invention specified in the claims, and is required by the U.S. patent office rules to be in a particular form. The United States Patent and Trademark Office (USPTO) specifies the size of the sheet on which the drawing is made, the type of paper, the margins, and other details relating to the making of ...
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 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 ...
Under the new rules, if the claims as filed in a European patent application contain a plurality of independent claims in the same claim category and if the EPO considers in that case that the claims therefore do not comply with Rule 43(2) EPC, the EPO may "invite the applicant to indicate, within a period of two months, the claims complying ...
Patent drawing – drawing in a patent application that illustrates the invention, or some of its embodiments (which are particular implementations or methods of carrying out the invention), or the prior art. Drawings may be required by law to be in a particular form, and the requirements may vary depending on the jurisdiction.
Also, in the United States, only the patent holder may file for reissue. The case of In Re Tanaka [28] established the principle that a patentee can add narrow dependent claims to an issued patent through the reissue process, because a patent with narrower dependent claims is less subject to invalidation when litigated. More usually, however ...
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