Written by attorneys · grounded in primary & secondary sources — see below
A formal statement in a patent document that describes the novel features of an invention and defines the precise scope of the patent's legal protection. The claim serves as the measure of the patentee's rights and is the central focus of validity and infringement analysis by examiners and courts.
Sources & Authorities
How it applies
Common Examples
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Infringement Analysis Dispute
Inventor Elena Voss obtained a patent on a wireless charging device. Competitor TechFlow sold a similar product. Voss sued alleging infringement. The court compared TechFlow's device to the patent claim language to determine whether every element was present.
Validity Challenge Proceeding
BioMed filed a patent on a new diagnostic assay. Rival firm GenTest petitioned for review. The board examined prior art against the patent claim to decide if the claimed method was obvious.
Claim Construction Hearing
NanoCore sued Quantum Labs for infringing its semiconductor patent. The parties disputed the meaning of 'doped region' in the patent claim. The judge held a hearing to construe the term before trial.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Amendment During Prosecution
Engineer Raj Patel filed a patent application for an autonomous drone. The examiner rejected the broad patent claim. Patel narrowed the claim to add a specific sensor limitation and obtained allowance.
Doctrine Of Equivalents Case
PharmaCorp patented a timed-release formulation. Generic maker Apex used a slightly different polymer. The court analyzed whether Apex's product infringed the patent claim under the doctrine of equivalents.
Dependent Claim Scope Issue
AutoDrive patented a navigation system. Its independent patent claim covered basic GPS routing while a dependent claim added traffic-data integration. Competitor OmniMap copied only the basic features, avoiding the narrower dependent claim.
Common questions
Frequently Asked
3
Who decides the meaning of a patent claim?+
The Supreme Court held in Markman that construction of a patent claim, including disputed terms of art, is exclusively a question of law for the court rather than the jury.
Supporting sources
What role do claims play in patent examination and litigation?+
Claims precisely define the subject matter that has been patented. Examiners focus on the claims when assessing patentability, and courts center validity and infringement analysis on the claims.
Supporting sources
How does a patent claim differ from the specification?+
The claim is the formal single-sentence definition of the property right. The specification provides the written description and enablement supporting the claim but does not itself define the legal scope of protection.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…view of our ruling as to Roe's standing in her case, the issue of the Does' standing in their case has little significance. The claims they assert are essentially the same as those of Roe, and they attack the same statutes. Nevertheless, we briefly note the Does' posture. Their pleadings present them as a childless…