Notes form 3/11/2011
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Revision as of 12:57, 11 March 2011 by Kyle Tennant (talk | contribs) (Created page with "Claims: *most important part of a patent *define boundaries of property right <br/> Interpreting the claims for 2 reasons #with respect to the prior art to determine validity #w...")
Claims: *most important part of a patent
- define boundaries of property right
Interpreting the claims for 2 reasons
- with respect to the prior art to determine validity
- 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
