By: Michael J Foycik Jr.
January 13, 2020
The author is a patent attorney with over 28 years experience in patents and trademarks. For further information, please email at IP1lwyr@gmail.com, or call at 877-654-3336.
What is a broad claim? How can you protect your invention when competitors make slight changes? Should you even worry about these things? Here is a simple guide that may help.
There is a law of claim infringement that is worth knowing. A claim is infringed if the accuses product has each and every limitation of the claim. What's that mean? Well, suppose a claim for a pencil reads: “An implement for marking having a hollow tubular portion having a spreadable substance inside.” Then, a pencil having an eraser would still infringe – the added feature of the eraser does not matter. Even more importantly, that claim even reads on a lipstick case. What a wonderful claim!
You too can have good – even wonderful – claims, if your invention can support them. The one problem is that the patent examiner rejects any claims that would read on the prior art patents. So, no one else can ever get a claim for a pencil as broad as the above example, now that pencils are part of the prior art.
Let's say your invention has all kinds of wonderful and exciting features. Many do! How should be approach the claims for such a product?
Read more >> http://internationalpatentservice.com/Claims-In-A-Patent-Application-What-You-Should-Know.html
