Reading Patent Claims

The claims of a US Patent is the most significant section, and is curiously listed in the finish of most patent documents. The claims to a US Patent are what an engine is to an automobile. The specification is the chassis, the background is the paint job (sort of) and the abstract is the cup holder.

To read the claims of a US Patent you will need to think of the BB Gun contest at your county fair (feel Mr and Mrs. Smith with Angelina Jolie and Brad Pitt). In order to win the stuffed teddy bear you have to hit all ten targets. Hit nine of them and you go household empty handed.

The exact same holds true for the claims of a US Patent. All of the constituent elements need to be found in the competing post to make a case for infringement (with the smaller exception for the Doctrine of Equivalents to be discussed in a later post). Miss one of those listed constituent components, and you do not have infringement.

Usually, the 1st independent claim, or claim 1, will give you a great idea if there is infringement. If you obtain all of those constituent components in claim 1, read no further. All of the underlying claims (e.g. claims two...) are not particularly instructive on patent infringement.

For instance, let's say that claim 1 comprises: 1.) an ink cartridge, 2.) an ink cartridge housing, and a three.) cap (i.e. a pen). And let's say that the product you want to sell is a pen with an ink cartridge, an ink cartridge housing, and a cap. As per US Patent Law, your selling, producing, employing, licensing, and importing of that item would constitute patent infringement due to the fact all 3 constituent elements are located in your device.

Now suppose you would like to sell the identical device without having the cap. Due to the fact claim 1 of the US Patent specifically lists a cap as a constituent element, there would be no infringement. For this reason, it is totally vital to decide early on how a competitor could sell similar goods to your invention. Are there parts and components she may be in a position to leave out in order to get about your patent?

For these factors, you will need to talk about with your patent lawyer what the core novelty of your invention is and how you anticipate advertising the exact same. And you should really do this mindful of what a clever competitor can leave out of his competing merchandise to adroitly keep away from patent infringement.