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This is a list of special types of claims that may be found in a patent or patent application.For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories".
A claim chart is a widely used device in patent infringement litigation. [1] It is a convenient and effective means for analyzing and presenting information regarding a patent claim .
In an independent claim in Europe, the preamble is everything which precedes the expression "characterized in that" or "characterized by" in a claim written according to the so-called "two-part form", and therefore everything which is regarded as known in combination within one prior art document, namely the closest prior art document. [16]
This legal provision also requires that the claims must be clear and concise, and supported by the description. [1] The function, form and content of the claims are defined by Article 84 supplemented by Rule 43 EPC. [notes 1] [2] The wording of Article 84 is as follows: The claims shall define the matter for which protection is sought.
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A method patent claim can be infringed only when a single person or entity (including contractually obligated agents) practices all of the claimed steps. [5] Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to ...