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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 .
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".
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]
The preamble, which is sometimes also called "pre-characterizing portion", [11] includes all the features of the claim that in combination are known in a prior art document, namely the closest prior art. The characterizing part includes the other features, i.e., those not known in the prior art document used to draft the claim in a two-part form.
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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 ...
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