Part 2: Patent Claims
We continue our discussion of some common questions encountered
in patent law, turning now to the topic of patent claims. You can
view Part 1: Prior Art in our series here.
What is a patent claim and why is it important?
Patent claims are one of the most important parts of a patent
specification. A claim defines the scope of the monopoly protection
conferred by the patent. It is the claim(s) which are examined by a
patent office to determine if an invention is patentable (for
example, if the invention defined in the claims is novel and
inventive, i.e., new and not obvious).
Think of a claim as being like a perimeter fence staked in the
ground designating a piece of land for ownership. The broader the
fence is staked, the more land there is to own. However, staking
the fence too broadly may mean someone else's piece of land is
encroached. If the fence is staked too narrow, valuable land may go
unowned. Likewise, a claim that is too broad
