What are patent claims? Claims are the heart of a patent application. Whereas the description of the invention contained in a patent document teaches how to make and use the invention, the claims define the scope of legal protection.
Is claim construction a matter of law?
The Supreme Court in Markman v. Westview Instruments Inc. held that claim construction is a question of law reserved for the court and not a question of fact left to the fact finder (517 U.S. 370 (1996)).
What is a claim construction chart?
A claim chart comprises at least two columns, with the claims deconstructed into elements in each row. The content and number of the right columns can vary from the interpretation or interpretations, alleged infringing product or process, to further analysis.
What is claim construction hearing?
Also known as a claim construction hearing. A US district court hearing in a patent infringement case in which a judge determines the proper interpretation and scope of disputed terms in the patent claims asserted by the plaintiff.
What are the 4 types of claims?
- Factual Claim. A factual claim will reframe and rely upon a fact to shape it into a debatable topic.
- Cause and Effect Claims. A cause and effect claim argues that an event occurred as the direct result of a specific catalyst.
- Value Claims.
- Solution Claims.
What does claim construction mean?
It is the process by which a court or other tribunal determines the scope and meaning of a patent's claims. In the litigation context, a patent infringement determination requires a two-step process: ∎ The court must construe the patent claims.