The focus of our discussion today will be on the various types of limitations in a patent claim, including structural, functional, and intended use claim limitations, and how they differ from one another. What is a structural claim limitation? A structural claim limitation is a type of limitation found in patent claims that restrict the claimed invention to a specific … [Read more...]
Patent infringement occurs when a person directly infringes a patent or indirectly contributes or induces another party to infringe the patent through the manufacture, use, offer to sell, sale or importation of a product covered by a patent claim into the United States.
Browse related articles below.
Should you send a cease and desist letter?
You should send a cease and desist letter if someone is infringing on your patent or trademark. Otherwise, you will continue to lose money, and others will be emboldened to copy your product, further eroding your market share. However, various factors should be taken into consideration which may dictate the timing and tone of the letter. How to determine if someone is … [Read more...]
How to respond to a cease and desist letter?
You can respond to a cease and desist letter by: Rejecting their demands and forcefully rebutting their claims; or Reaching out to seek a settlement. But, you shouldn’t ignore the letter since you may be forced into a lawsuit. Otherwise, they might sue you to get your answer. By replying to the letter, you can delay the lawsuit to buy yourself more time to decide … [Read more...]
Claim drafting tip: Use terms consistently
The goal of a claim is to define the scope of protection of a patent. The claim needs to be clear and understandable so that infringers or your competitors can know if they are infringing on your patent or not. Otherwise, your patent will the invalid for being indefinite. To make the claim clear, the words of the claim need to be used consistently. For example, if the claim … [Read more...]
How to use A, THE and SAID in a Claim?
A claim in a patent or patent application uses the words A, AN, THE, and SAID. This article explains how to utilize these words in a claim properly. The basic rule for initially introducing a term The first time that you recite a term in a claim, you must use the word A or AN to introduce that term. For example, a claim to a tripod may look like this. A tripod for supporting … [Read more...]
Should you get a design patent or a utility patent for your invention?
You should obtain a utility patent if the unique feature of your invention is functional in nature. On the other hand, you should obtain a design patent if the unique feature of your invention is in the visual aspects of your product or its ornamentation. To learn more about the differences between utility and design patents, read What are the differences between utility … [Read more...]
What is an apparatus claim versus method claim?
An apparatus claim is a claim directed to a product. A method claim is directed to the steps of a process. All claims are either apparatus or method claims. For example, a software claim is a type of method claim unless it is directed to the system then it is an apparatus claim. A product claim is an apparatus claim. A chemistry claim is an apparatus claim unless it … [Read more...]
What is an independent claim versus a dependent claim?
A set of claims of a patent or patent application will have independent and dependent claims. An independent claim is a claim that does not depend on another claim. A dependent claim is a claim that depends on another claim. The independent claim is broader in scope compared to a dependent claim. A claim set can have one or more independent and dependent claims for the … [Read more...]