11.2.9 Interpretation of the Patent Claims is the process of interpreting and understanding the scope of the claims in a patent. This involves analyzing the patent language, looking for potential ambiguities, and determining the patent’s coverage. The goal of interpreting the claims is to understand what the patented is claiming the invention covers. There are two main types of interpretation of patent claims: literal interpretation and doctrine of equivalents. Literal interpretation involves looking at the language of the claim and determining what is explicitly stated and what is implied. Doctrine of equivalents looks at the patent in terms of what is encompassed by the patent even if it is not explicitly stated in the claim.
11.2.9 Interpretation of the Patent Claims
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US-JURY-7THCIR-11-2-9
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
Overly Broad Claims Broad claims are at risk of rejection in part because the patent examiner cannot properly evaluate the claim's accuracy. This risk can also be described in opposing terms: the claim lacks sufficient narrowness.
How to Read a Patent Quickly Skip the title since it can be vague. Also some titles, like "Wireless Camera," might only apply to specific features and not the entire camera or it may point to an improvement on a prior invention. Skip the drawings.Skip the abstract and the specification.Read the independent claims.
Claims for U.S. patents must be specific enough to distinguish the invention from prior art. They must also be clear, logical, and precise. These requirements can be found within the text of the Patent Act (specifically, 35 U.S.C. § 112(2)).
2173.05(d) Exemplary Claim Language ("for example," "such as") R-1 Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim.
Claim interpretation is important in determining the scope of your patent rights and in determining whether anyone else has a patent that would prevent you from making, using, selling or importing an apparatus or method. must possess each claimed element, or something equivalent to the element.
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set
Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time.
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During patent examination, the pending claims must be "given their broadest reasonable interpretation consistent with the specification. Effective Patent Case Management.Provided a document satisfies the three criteria above, it can be considered for the purpose of lack of novelty. The claims define the invention which is the subject of the patent. These must be construed according to their terms upon ordinary principles. Generally speaking, a patent is divided into a specification, drawings and patent claims. This video provides a basic explanation of how patent claims work. A patent claim may not be treated.