Table of Contents
How broad can a patent claim be?
Broad versus narrow claims The claims may be broad or narrow in their scope. Most patent agents would prefer to draft claims that are as broad as possible to cover all aspects of the invention found in the detailed description, its equivalents or likely future versions.
Does prior art invalidate patent?
In a nutshell, prior art can be used to invalidate the claims in an issued patent by showing that the claimed invention is not “new” or “non-obvious.”
What will be the fate of dependent claims if an independent claim is invalidated?
Perhaps surprisingly, a dependent claim may still be valid, even if its underlying independent claim is invalid. This is in contrast to infringement, where (as one might expect) a dependent claim can only be infringed if the underlying independent claim is also infringed.
Why should a patent agent include both broad and narrow claims in a patent?
From both broad and narrow scope, patent claims should be included. It gives an advantage, the claims with broad scopes has a wider group of infringers and claims with narrow scopes makes invention more precise and definite.
What happens if patent is too broad?
If your claim set is overly broad, you may inadvertently cause your patent application to be rejected for not satisfying one or more of the legal requirements for patentability.
What is a broad claim?
A broad claim refers to a statement in a patent that describes general variations of the invention. Broad claims are also written descriptions of how to make and use an invention. A broad claim must be interpreted with respect to the definitions provided in the specification of a patent.
How do you invalidate a patent claim?
Providing Proof of Sale or Public Use Another way to invalidate a patent entails providing proof that the invention was on sale or in public use in the U.S. within the past one year period before the date of patent application filing by the applicant.
What does prior art mean in patent law?
Prior art is any evidence that your invention is already known. It is enough that someone, somewhere, sometime previously has described or shown or made something that contains a use of technology that is very similar to your invention. A prehistoric cave painting can be prior art.
What is broad patent?
12.20 A specific category of concern relates to what may be described as broad patents—patents that grant broad rights to the patent holder and may be seen as covering applications invented later by someone else.
What is a broad patent?