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Claims

What is a Claim?

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A “Claim” in a patent is a precise legal description of what the invention encompasses and what it is protected by. Claims are crucial because they define the scope of protection granted by the patent. When someone patents an invention, the claims are the most important component of the patent, as they determine exactly what is protected.

1. Example

You’ve invented a new type of bicycle that is particularly lightweight and fast. In your patent application, you will use claims to precisely describe what makes your bicycle unique.

  1. Claim 1: A bicycle that includes a frame made of a lightweight carbon fiber material.
  2. Claim 2: The bicycle according to claim 1, where the frame is designed to provide enhanced aerodynamics.
  3. Claim 3: The bicycle according to claim 1 or 2, which includes wheels with a specific profile that reduces air resistance.

Each claim describes a specific feature or combination of features of your invention. The first claim is usually the broadest and most general, while subsequent claims add more specific details.

The claims are essentially the rules of the game for the patent. If someone else manufactures or sells a bicycle that exhibits one or more of these features without your permission, they infringe on your patent.

2. Example

Another practical example from practice would be if you had invented a device for a specific type of smartphone display. Your claims could look like this:

  1. Claim 1: A smartphone display that uses flexible OLED technology.
  2. Claim 2: The smartphone display according to claim 1, which enables multi-touch sensitivity in several pressure levels.
  3. Claim 3: The smartphone display according to claim 2, which offers improved color accuracy through a specific calibration algorithm.

If another company sells a smartphone with a display that exactly matches these features, they might infringe on your patent, and you could take legal action against them.

Summary

Claims are the precise descriptions that define what makes your invention unique and what it is protected by. They are indispensable for the legal protection of your innovation.

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