What exactly is the purpose of claims in a patent application and how important are they?
ANSWER
The claims are all important in a granted patent as they define your legal rights to sue others who make a device or perform a process or create a substance that can fairly be described by the claims. If a third party does not have an element required by any single patent claim, generally, they don’t infringe.
This is the case in the US but not necessarily the case in other countries, like Switzerland, where your patent application protects the spirit of your invention as defined in the claims and the written description of the invention.
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Dr Patentsteins' Tips
When you think you might have an invention with sales potential, immediately discuss the idea with a registered patent practitioner | Ensure you sketch all significant elements of your invention on paper, writing as much detail and comments regarding its' operation | After creating any descriptions or sketching your invention, ensure a witness (or even two) sign the paper to support your claim |
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