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	Claim (patent) - Wikipedia, the free encyclopedia
		Patent claims are usually in the form of a series of numbered expressions, or more precisely noun phrases, following the description of the invention in a patent or patent application, and define, in technical terms, the extent of the protection conferred by a patent or by a patent application.
		On the other hand, the fewer the limitations in a claim, the more likely it is that the claim will cover or "read on" what came before and be rejected during examination or found to be invalid at a later time for lack of novelty.
		A Swiss-type claim or "Swiss type of use claim" is a claim intended to cover the second or subsequent medical use (or indication) of a known substance or composition.
	en.wikipedia.org /wiki/Claim_(patent) (1935 words)

	Patent Hawk - Claim Construction
		Claim construction is the art of translating patent claim jargon into plain English.
		The outcome of an attempt at patent enforcement commonly hinges on claim construction: the court-accepted definition of specific terms used in patent claims.
		The reason is that claim construction usually determines two root issues of every patent case: whether the plaintiff has a valid claim, and whether the defendant infringed the patent.
	www.patenthawk.com /claims.htm (525 words)

	A Patent Glossary
		Apparatus Claim: This refers to a patent claim, which describes structurally a piece of equipment and is embraced by the expression "machine" in the definition of patentable subject matter in the U.S. Patent Statute.
		Claim(s): A claim is one of the numbered paragraphs that appear at the end of a patent and defines the scope of protection given to the owner of the patent (i.e., the right to prevent others from making, using, selling, offering for sale, or importing the claimed invention).
		Under either standard, a patent application claim may be rejected by a patent examiner, or a patent claim may be ruled invalid by a court.
	www.tms.org /pubs/journals/JOM/matters/matters-9609.html (4864 words)

	Glossary of patent terms @ delphion.com
		With respect to patents, this is a lawsuit filed by someone against the patent holder asking the court to declare that the inventors patent is invalid or that the plaintiff is not infringing the patent.
		A patent, which is the mature form of a patent application, consists of drawings of the invention, a specification explaining it, and claims which define the scope of exclusivity.
		A valid patent is an issued patent that is not invalid for one of several reasons, the most common of which is that one or more of its claims read on prior art that was not considered by the patent office during patent prosecution.
	www.delphion.com /help/glossary (2517 words)

	Patent Claim Language: More Important Than Ever
		Patent claims define the scope of an invention, and the outcome of most patent infringement lawsuits turns on the precise wording of the claims.
		The Supreme Court has ruled that patent claims are to be interpreted by the trial court as a legal matter, not by a jury as a factual matter.
		Courts look at the claims themselves, the body of the patent, and the communications exchanged with the Patent Office during examination of the patent application; all controlled or influenced by the patent applicant or its attorney.
	www.point-of-law.com /report.asp?id=92 (312 words)

	Provisional Application for Patent
		Applicants are entitled to claim the benefit of a provisional application in a corresponding non-provisional application filed not later than 12 months after the provisional application filing date.
		Although a claim is not required in a provisional application, the written description and any drawing(s) of the provisional application must adequately support the subject matter claimed in the later-filed non-provisional application in order for the later-filed non-provisional application to benefit from the provisional application filing date.
		Effective November 29, 2000, a claim under 35 U.S.C. 119(e) for the benefit of a prior provisional application must be filed during the pendency of the non-provisional application, and within four months of the non-provisional application filing date or within sixteen months of the provisional application filing date (whichever is later).
	www.uspto.gov /web/offices/pac/provapp.htm (1813 words)

	Recent Developments in Patent Claim Construction — Hodgson Russ LLP Attorneys
		If the patent is then litigated, the claims of the patent will be construed to determine what the claim terms mean.
		Intrinsic evidence includes the description in the patent, the patent claims, and the prosecution history of the patent if the history is in evidence.
		Claim 1 recited, in part, “means disposed inside the shell for increasing the load-bearing capacity comprising internal steel baffles extending inwardly from the steel shell walls.” The district court construed the claim term “baffles” and concluded that the “baffles” had two properties.
	www.hodgsonruss.com /article_468.html (1225 words)

	Chemical patent - Wikipedia, the free encyclopedia
		Chemical patents are different from other sources of technical information because of the generic, Markush structures contained within them, named after the inventor Eugene Markush who won a claim in the US in 1925 to allow such structures to be used in patent claims.
		These generic structures are used to make the patent claim as broad as possible.
		Chemical patents are particularly important in the pharmaceuticals industry where they are used to protect the large investments that are necessary to develop drugs.
	en.wikipedia.org /wiki/Chemical_patent (126 words)

	James Greer Patent Claim
		Upon the second point, the patent shows a grant by the United States to Greer, of the exclusive use of the instrument for 14 years, without reservation in favor of the government, and is an estoppel to a plea of prior invention in another, or of prior use by itself.
		In the present suit, which is for the infringement of a patent right, the defence relied on is, that the patent was void from the beginning; and, as we have already shown, that defence is established by the testimony.
		The patent was granted, not absolutely, but upon certain conditions annexed to it by law; one of which conditions was, that before the time of the application for the patent, the instrument was not known or used by others.
	www.wvculture.org /history/businessandindustry/greer.html (12873 words)

	Provisional -Patent Application -- Patent Information, Patents, Search, and Invention Development
		The problem is that, in general, the invention that is protected by patent law is defined by the claims, and not the patent disclosure.
		Usually a skilled patent practitioner will be quite effective at leading the inventor to undisclosed details, variations, and alternative embodiments of the invention that will broaden the patents scope and strengthen its disclosure.
		Although a claim is not required in a PPA, the written description and any drawing(s) of the PPA must adequately support the subject matter claimed in the later filed non-PPA in order to benefit from the PPA filing date.
	www.patent-agent.org /IPinfo/Patents/Provisional/Provisional.htm?why_Tbl (2242 words)

	Patent Prospector: Claim Construction Nightmare (Site not responding. Last check: 2007-10-23)
		The ’398 patent claims a softball bat that incorporates interior structural members to improve its impact response.
		In this case, the claims use the term “gap,” but then modify it differently to suggest differences in the geometry of the “gap” in the various claims.
		AWH provided sufficient guidance as to the priority stack of evidence to employ in claim construction - just go down the evidence stack from intrinsic to extrinsic; something's going to be there to hang a claim construction hat on.
	www.patenthawk.com /blog/archives/2006/03/claim_construct_4.html (955 words)

	Patent and Trademark Office Rejection of Ayahuasca Patent Claim
		The case thus provides a signal to future patent applicants that indigenous peoples are prepared to protect their rights by using the law to strike down improperly granted patents.
		Both the species and the characteristics described in the patent were widely known, not only in the scientific literature, but also in the systems of traditional knowledge of indigenous groups throughout the Amazon.
		This inconsistent treatment could allow patent applicants to "grandfather" the effective cutoff date for prior art by abandoning an application in favor of a new one, and then supporting their new claims by picking favorable prior art while ignoring unfavorable prior art.
	www.ciel.org /Biodiversity/ptorejection.html (1901 words)

	EFF: Patent Busting's Most Wanted
		Claim 1 covers a method for conducting network tournament games where players are split into different groups for each round where they play against each other; the winners of each round are then paired up in subsequent rounds to face off.
		Claim 18 covers a method of distributing advertisements in conjunction with interactive computer games as described in Claim 16, whereby the transmission of games and advertisements is limited to taking place over the Internet, rather than also through generic networking such as a LAN.
		Prior art for this claim should describe a system that allows multiple users to log in separately, but simultaneously, such that a user's ability to log on is not prevented by having one other user already in the system.
	www.eff.org /patent/wanted/prior.php?p=sheldon (1679 words)

	Brown & Michaels - a Patent Glossary (Site not responding. Last check: 2007-10-23)
		In the US, patent applications are always filed in the name of the actual inventors, who may then assign their rights to, for example, their employer.
		Jeppson claims are similar to the "two part claim form" required in the EPO and some other foreign patent systems.
		While this kind of claim drafting was once thought to be broader than merely claiming "a bolt", court cases have limited the scope of "means plus function" language to mean the "means" shown and described in the description, and little else.
	www.bpmlegal.com /patgloss.html (5730 words)

	SSRN-The Changing Meaning of Patent Claim Terms by Mark Lemley
		In order to construe the claims of a patent, the court must fix the meaning of the claim terms as of a particular point in time.
		It is a fundamental principle of patent law that the time at which we determine the meaning of claim terms varies depending on what legal rule is at issue.
		Where the question involves the meaning of a special patent claim element called a means-plus-function claim, courts evaluate the scope of that claim element at the time the patent issues.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=677645 (515 words)

	Art & Skill of Patent Claim Writing by Robert M Hunter
		imply put, patent claims are very precise descriptions of an invention--the fundamental attributes of an invention, that is. These specific attributes are the inventor's legal "claim" to own new intellectual property, just as a miner files a claim on a specific piece of real property.
		If the patent is going to have "teeth" in it the inventor will need to thoroughly "teach the invention" to the the patent attorney.
		This expert advice on claim writing is an ideal supplement to the book, Patent It Yourself, which Dr. Hunter specifically recommends during his presentation.
	www.greatideagear.com /art.skill.patent.claim.html (747 words)

	PHOSITA® : webster's be damned, read the patent (Site not responding. Last check: 2007-10-23)
		According to the US Patent and Trademark Office (USPTO), judges should disregard dictionary definitions when reviewing patent claims that are at issue in the litigation.
		In an amicus curiae brief filed in a closely watched case that could affect how patents are interpreted, the PTO said the court instead should analyze terminology within the context of the patent application itself.
		Pegging the meaning of a term to a dynamic and evolving source may lead to the true scope of the claim not being knowable until the claim is actually litigated.
	www.okpatents.com /phosita/archives/2004/09/websters_be_dam.html (676 words)

	Provisional Patent Info
		A provisional application for patent is a U.S. national application for patent filed in the PTO under 35 U.S.C. §111(b).
		The period of up to one year of pendency for the provisional application is excluded from the term calculation of a granted patent that relies upon the provisional application for patent, thus providing a term endpoint that is 21 years from the provisional application filing date.
		The non-provisional application for patent must have one inventor in common with the inventor(s) named in the provisional application for patent to claim the benefit of the provisional application filing date.
	www.hsc.unt.edu /research/researchoffice/ip_provisional.html (1156 words)

	Forgent claims JPEG patent \| Tech News on ZDNet
		Patent claims are common in the technology industry--the real trick is to persuade companies to pay royalties.
		Scores of dot-com companies, for example, claimed to own key e-commerce patents in the late 1990s, and their shares often soared when their patents were granted.
		The claim to JPEG technology ownership arose from a data compression patent that Forgent acquired from videoconferencing hardware maker Compression Labs in 1997, said Ken Kalinoski, chief technology officer for Forgent.
	news.zdnet.com /2100-3513_22-945735.html (1560 words)

	patent claim, Plougmann & Vingtoft AS.
		European intellectual property and law firm focusing on patent law and trademark registration such as information on and application for patents.
		This means that for a period of six months after the filing date, you may file identical applications in other countries and claim the same filing date as for your first patent claim application.
		The advantage is that such later applications are valid in other countries as from the filing date of the priority application and will then be given precedence over any third party applications for identical or similar marks, if these have been filed after your priority date.
	www.pv.dk /np_pv_intl/np_pv_intlnps/patent_claim.html (279 words)

	patent claim, Arator AS.
		Patent offices with registration of trademark and applications thereof for protection and valid patents on software and technology among others.
		When the Danish Patent and Trademark Office receives a new trademark application, they examine the application with respect to absolute registration obstacles and inform the applicant of any existing registrations that they consider to be colliding with the mark applied for.
		If in spite of an existing confusingly similar trademark registration, the Applicant decides to let his mark register, it is up to the proprietor of an existing confusingly similar trademark to oppose the registration of the new trademark.
	www.pv.dk /np_ara_intl/np_ara_intlnps/patent_claim.html (306 words)

	Chilling Effects Clearinghouse: Patent (Site not responding. Last check: 2007-10-23)
		Patent law in the United States extends to virtually "anything under the sun that is made by man." Patents create a form of property right in new, unobvious, and useful inventions, including machines, devices, chemical compositions, and manufacturing processes.
		In this section, you can find information about what patents are, what rights they confer on the patent owner, the requirements for obtaining a patent, the activities that may constitute patent infringement, and possible defenses to a patent infringement claim.
		Note that computer software may be protected by copyright as well as patent law.
	www.chillingeffects.org /patent (356 words)

	PATENT CLAIM DRAFTING (2) (CIP215) (Site not responding. Last check: 2007-10-23)
		Patent claim drafting is at the heart of every aspect of patent law practice.
		The course examines sections of the Patent Act, Patent Office Regulations, court cases, and techniques of claim interpretation relevant to the drafting of patent claims, as well as the effect of broader issues of patent practice.
		By course end, students should be able to draft professionally acceptable claims for basic inventions.
	www.nyls.edu /pages/1192.asp (139 words)

	Nakamura loses patent claim against Nichia (September 2002) - News - Compound Semiconductor
		Shuji Nakamura has lost his claim against his former employer, Nichia Corporation, that he is the rightful owner of a patent filed when he still worked for the Japanese LED manufacturer.
		The 404 patent dates back to 1991 and relates to two-flow MOCVD technology, which was a key factor in allowing Nichia to develop high-brightness, long-lifetime InGaN/GaN LEDs and lasers.
		The Patent Law also requires companies to reward their employees for patents that are transferred to the employer.
	compoundsemiconductor.net /articles/news/6/9/19/1 (375 words)

	British firm sues to protect hyperlink patent (Site not responding. Last check: 2007-10-23)
		BT Group believes it holds such a patent covering "hypertext links" — the illuminated text on a Web page that enables users to surf from page to page with the click of a mouse.
		Cella, for one, questioned whether the Engelbart film would hold up in court, adding that the heavily indebted BT would be unlikely to head to court and incur millions of dollars in legal fees if it thought the film could harm its case.
		While the debate over the validity of the patent rages on outside of court, many in the tech community agree on one thing: heading to court to defend a claim of ownership on Web surfing is a potentially big public relations gamble for BT.
	www.usatoday.com /tech/news/2002/02/07/patent-suit.htm (846 words)

	Wired News: JPEG Patent Claim Sparks Concern
		In a statement published last week, Forgent said the patent could apply to a broad range of companies that make "devices used to compress, store, manipulate, print or transmit digital images." Potential licensees include makers of digital cameras, digital camcorders with still image functions and PDAs.
		In many cases, patents are granted for technologies that are ahead of their time.
		The patent it is currently trying to license expires in four years.
	www.wired.com /news/business/0,1367,53981,00.html (631 words)

	Canada - Patent Claim found Invalid in Part
		The claim in question involved the use of one of two different varieties of nylon or a mixture of the two in the production of a sheet molding compound.
		He thus proposed an order to the effect that the patent was invalid to the extent that it covered the nylon variety whose use had been insufficiently described.
		The judge noted that there was no authority to support his view that a claim could be held to be only partially valid.
	www.ladas.com /BULLETINS/1994/0694Bulletin/Canada_PatentClaimInvalid.html (230 words)

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