Notes form 3/11/2011

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Claims: *most important part of a patent

  • define boundaries of property right

Interpreting the claims for 2 reasons

  1. with respect to the prior art to determine validity
  2. with respect to some possibly infringing thing

Term used, does the claim "read on" the prior art or possibly infringing device?
A claim reads on something if everything (elements and relationship among them) appears in that thing. It does not matter if other things are present in the other thing.

Example

I claim a chair comprising

  • a seat
  • a back attached to the seat
  • legs attached to the seat.

Infringing:

  • chair that has a seat, a back, legs, plus armrests
  • chair with seat, back, and legs where the seat is removable

Comprising: something is made up of a list of things, but could include other things