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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".
Claims were recommended in published patents in the Third Patent Act (1836) and finally became mandatory in the Fourth Patent Act (1870). [7] However, even among patent legal systems in which the claims are used as the reference to decide the scope of protection conferred by a patent, the way the claims are used may vary substantially.
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 ...
Claim interpretation in patent, standard of review by the Federal Circuit. Kimble v. Marvel Entertainment, LLC - Supreme Court, 2015. Patent misuse is governed by patent law policy, and need not comport with antitrust policy if the two differ.
The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
To prove infringement, the patent owner must establish that the accused infringer practises all the requirements of at least one of the claims of the patent. (In many jurisdictions the scope of the patent may not be limited to what is literally stated in the claims, for example due to the doctrine of equivalents.)