What is claim interpretation?
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.
Are claims part of the specification?
The claims as filed in the original specification are part of the disclosure and, therefore, if an application as originally filed contains a claim disclosing material not found in the remainder of the specification, the applicant may amend the specification to include the claimed subject matter.
What is broadest reasonable interpretation?
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 time of the invention.
Why does patent law require definiteness in the scope of the claims?
§112, ¶2. This requirement is referred to as “definiteness.” A patent that fails to satisfy this requirement may be found to be invalid for indefiniteness. The purpose of the definiteness requirement is to provide the public with notice of what the patent owner owns, and what would be an infringement of the patent.
What is a claim chart used for?
A claim chart is a widely used device in patent infringement litigation. It is a convenient and effective means for analyzing and presenting information regarding a patent claim.
What is claim differentiation?
Doctrine of Claim Differentiation is a canon of construction used in Patents law. The doctrine in its broadest reading provides that no two claims in the same patent should be interpreted to cover the same thing. It is presumed that each claim in a patent is different in scope and meaning from all other claims.
Does patent specification include claims?
Whereas the claims define the legal scope of protection, the patent specification describes the invention and provides support for the claims. In a utility patent, the specification includes the drawings and the written description excluding the claims.
Are drawings part of the specification?
The project drawings and specifications are an integral part of the contract documents and are inseparable. The drawings reflect what the project specifications are unlikely to cover; and the project specifications indicate what the drawings are unlikely to portray.
How different are the broadest reasonable interpretation and Phillips claim construction standards?
The BRI standard requires determining the “broadest reasonable meaning of [a claim’s] words in their ordinary usage as they would be understood by one of ordinary skill in the art, taking into account whatever enlightenment by way of definitions or otherwise that may be afforded by the written description contained in …
What is the Phillips standard for claim construction?
The Phillips standard differs by requiring that claims be given their ordinary and customary meaning to a person of ordinary skill in the art at the time of the invention, by considering the claims, specification, and prosecution history, as well as evidence extrinsic to the patent, when construing patent claims.