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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 can also be classified in categories, i.e. in terms of what they claim. A claim can refer to a physical entity, i.e. a product (or material) or an apparatus (or device, system, article, ...). The claim is then called respectively "product claim" or "apparatus claim"; or; an activity, i.e. a process (or method) or a use.
A plurality of independent claims in the same claim category are only allowable in the exceptional circumstances listed in Rule 43(2)(a), (b) and (c). The applicant has the burden of showing "that one of the exceptions under Rule 43(2) EPC apply". [12] Rule 43(2) is only applicable during examination proceedings, not in opposition proceedings. [13]
This is a list of legal terms relating to patents and patent law.A patent is not a right to practice or use the invention claimed therein, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or their successor in rights in exchange to a public disclosure of the invention.
In Diamond v.Chakrabarty, [7] the United States Supreme Court held that a genetically-altered living microorganism was patent-eligible subject matter. The Chakrabarty Court said that "we must determine whether respondent's micro-organism constitutes a 'manufacture' or 'composition of matter' within the meaning of the statute. [8]
A Markman hearing is a judicial proceeding held in the United States District Court for claims dealing with patent infringement. During a Markman hearing a judge is responsible for interpreting the meaning of words and phrases in a patent, ultimately providing what is known as "claim construction." [1] This is also known as claim interpretation ...
A chemical patent, pharmaceutical patent or drug patent is a patent for an invention in the chemical or pharmaceuticals industry.Strictly speaking, in most jurisdictions, there are essentially no differences between the legal requirements to obtain a patent for an invention in the chemical or pharmaceutical fields, in comparison to obtaining a patent in the other fields, such as in the ...
A claim is a statement that one subject, such as a person or organization, makes about itself or another subject. For example, the statement can be about a name, group, buying preference, ethnicity, privilege, association or capability. The subject making the claim or claims is the provider.