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The Significance of Claims

Written by Aneela Akbar on 28 April 2011

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The claims of a Patent play a big part in the protection of inventions and are the legal basis for protection. They define and outline the patent owner's rights in accordance to the law. The claims make known to the public the status of the Patent and the boundaries of the invention. Therefore, in determining whether a Patent has been infringed or in discussing its invalidity references are made to the claims and each claim is assessed separately on its own merit.

It is usually the inventor pursuing that the claims have been infringed and that they are valid. On the other side is the defendant contending the claims and arguing that they have not been infringed and are invalid and unenforceable. Therefore, it is crucial to ensure that all the features of your invention are protected.

The explanation of the invention ought to disclose the invention clearly and distinctively to enable an expert in that industry to comprehend the claimed invention and to understand the technical information contained in it.

In order to fulfill these requirements a claim has to be drafted with the utmost care and skill and you can seek professional help.

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