patent claims

Effective Patenting (Part 2 of 2)

Introduction

In a previous post I discussed a number of relevant points related to a business perspective on patent protection, or what I like to refer to as Effective Patenting.  As a point of significance I noted that before filing a patent application, it is first important for a business to determine what its objectives are for doing so.  Seeking a patent just for the sake of a patent is hardly ever fruitful.  I identified three primary objectives for consideration as: Excluding Competition, Marketing Tool, and Revenue Stream. Once objectives are identified, it is time to consider strategy.

Inventor Series: What are patent claims?

In my previous ‘inventor series’ post here, I discussed some of the factors and considerations that go into an answer for the question “Should I get a patent?”  In order to receive a patent, an inventor must first start with a patent application.  The most important part about the patent application - that which defines the legal boundaries - is the claims.  Why? Because patent infringement (or non-infringement) is based on an assessment of the claims of an issued patent.  Whether it is drafting claims for a new application or amending claims after examination, how the claims are treated during the patent application process is of criticality.