11.1.5 The Patent Claims are a set of claims that are included in a patent application that define the scope of protection of an invention. These claims are written with legal language and must be specific enough to be enforceable. There are two types of patent claims: independent claims and dependent claims. Independent claims are a single statement that defines what the invention is and what it does. Dependent claims build on the independent claims and provide more detail about the invention.
11.1.5 The Patent Claims.
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Multi-State
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US-JURY-7THCIR-11-1-5
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
A patent claim can be defined as a sentence in a patent application that elucidates an invention's features and components. In other words, a patent claim describes the functionality of an invention and its corresponding features which has to be patented.
Claims are numbered sequentially, with claim 1 usually being the broadest claim in the patent (but not always), and the sub-parts of a claim are often identified by an outline letter or number. . Claims are of two basic types: Independent and Dependent.
A patent claim is said to be the heart of a patent application. It defines the boundary and subject matter of the patent that is sought to be protected. The claim describes the elements or aspects of the invention that the patentee can prevent others from creating, using, or selling against his or her permission.
The claims of a patent come at the end of the document, right after the written description (specification) of the invention. The claims are set forth as separately numbered paragraphs in a single-sentence format.
111(a) (other than a design application), the claim for priority must be presented during the pendency of the application, and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. This time period is not extendable.
The first claim of an issued patent is always numbered "1," with each claim thereafter following in an ascending numerical sequence. Most patents contain about 10-20 claims, although there are some patents with only one claim and others with hundreds of claims.
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.
Parts of a Claim A claim is generally presented in three parts, the preamble, a transitional phrase (or word), and the body.
A patent claim comprises three essential parts: the preamble, transitional phrases, and body of the claim.