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What is the most important section of a utility patent?

The legal claims are the most important section.

 

Where do you find the legal claims in a utility patent?

It usually follows the "Preferred Embodiment" or "Detailed Description of the Invention" section and begins with "What is claimed" or "I claim" or "We claim."

 

Do all the claims need to be infringed in order for there to be a patent infringement?

No, only one of the base claim(s) needs to be infringed. A base claim is a claim that is not dependent on another claim and is usually, but not always, the first claim.

 

How is a legal claim drafted?

The invention is broken down into its major functional elements, and each functional element is described in the claims.

 

Should the functional elements be described in great detail or with little detail?

Claims that contain a lot of words and thus a lot of details limit the scope of protection for your invention, thus making it easier for potential infringers to engineer around your patent. The goal should be naming as few functional elements as possible and also using as few words as possible to describe those elements.                      

 

Am I able to view on my own the claim drafting work of a patent attorney?  

Yes, click here and click on "search for patents" and then under "Searching Full Text Patents" click on "Quick Search" and type in "last name; first name" of the patent attorney in the "Term 1" box and then click on "Search." Click on any of the utility patents listed with a seven digit number and then the page goes to the claims section.

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The content of this website is intended to convey general information about Lingbeck Patent Law and should not be relied upon as legal advice. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

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