Patent Litigation: An Introduction to Patent Claims, “Limitations,” Infringement, and Invalidity — Part Two

DisputeSoft presents the second in a series of articles authored by our colleague Andrew Schulman, who introduces readers to patent claims and the role of those claims in patent litigation. The articles are drawn from Andrew’s book, Claim Charts: Marshalling Facts in Patent Litigation, currently in preparation for publication, and are also available on his website, softwarelitigationconsulting.com.

In this article, Andrew draws on a simple claim for printer toner to illustrate the role of patent claims. Andrew states that patent claims “serve as devices for testing patent infringement and invalidity,” and indicate the scope of a claim, i.e., the relative size of an area of technology protected by a claim. Andrew goes on to discuss the limitations that comprise a claim (selected elements or steps implementing an invention), and the role these limitations play in determining claim scope and the likelihood that a claim will be infringed.

Click on the title to read the full article…