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Author Topic: claim  (Read 694 times)

sharanbr

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claim
« on: 05-13-09 at 04:47 am »

Hi,

I have gone through a patent pertaining to my area of work to get a hang of how the patents are drafted.
One thing I noticed around the claim section is that the whole process is simply elaborated step by step,
starting with abstract claim statements and breaking down each statement further into smaller statements.
According to me this is very similar to creating a flow chart of abstract flow. After that each step in the previous
diagram is broken down further and this continues.

Another thing I noticed is that the claim makes no mention about the benefits of the patent. So I am assuming
that claim section is not the one for this purpose.

Also, listing down the procedure - does it mean that the patent is for the exact flow as described in the claim section.
Any deviation is not a violation and can be used to provide newer solutions.

Regards
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JimIvey

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Re: claim
« Reply #1 on: 05-26-09 at 12:47 pm »

Claims serve one and only one purpose:  to define what one must make, use, sell or import to infringe the patent.  Nothing else should be in the claims.

The reason for multiple claims of varying coverage is that broader claims are easier to invalidate and narrower claims are easier to avoid infringing.  You hope at least one claim covers your competitors and cannot be invalidated. 

Regards.
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James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.
 



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