权利要求撰写小技巧 | 每日IP英文第398期
Background on Patent Claims
Claims are generally structured as lists of components (or “elements,” in patent parlance). A patent application can have any number of claims. The US Patent and Trademark Office (USPTO) permits up to 20 claims without charging extra fees. The “independent claims” are generally the broadest claims in a patent application, and the “dependent claims” refer back to the independent claims and recite additional elements. Although the dependent claims refer to and incorporate the elements of an independent claim, each claim stands on its own for purposes of infringement and validity. Most claims are drafted as non-exclusive (i.e., “open”) lists. The word “comprising” is used to trigger this effect. Provided that your claim is drafted in open format, a competitor’s product will infringe your claim if the product contains each and every recited element. It does not matter if the competitor’s product also includes unclaimed features because the claim does not exclude additional elements.
Claim Strategy
Independent Claims
Dependent Claims
Could reasonably be found to be novel and nonobvious, even if there is prior art teaching the subject matter recited in the independent claim; Would likely be infringed by a competitor practicing a technology similar to yours; and Contributes materially to the benefits achieved by the technology.
Conclusion
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