What is a patent claim?

A patent claim is a set of words that define the scope of the patent protection being sought. A patent claim describes the invention that is being protected by the patent. Patent claims can be either independent, meaning they make up a separate invention, or dependent, meaning they describe an invention in reference to another claim. In California, a patent claim must be specific and definite enough to enable a person skilled in the art of invention to make or use the invention. A claim must also clearly distinguish the invention from prior art or any products already in the public domain. Patent claims are typically organized into one or more independent claims, followed by one or more dependent claims. Generally, an independent claim must stand on its own and include a set of elements that describe the invention. Dependent claims are often narrower in scope than independent claims, since they refer to the elements described in the independent claim. The US Patent and Trademark Office (USPTO) evaluates patent claims to determine if they meet the legal standard of patentability. They use the claims to assess whether an invention is novel, non-obvious, and useful. When an invention passes these criteria, a patent is granted, giving the inventor exclusive rights over the invention for a limited period of time.

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What is a patent claim?

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