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Claim chart

Definition

A side-by-side comparison table mapping each element of a patent claimclaimA numbered sentence at the end of a patent that legally defines what the inventor owns. The most important section.Read more → to a specific feature in an accused product or prior artprior artEarlier patents, publications, or products that existed before this patent's filing date. Patent claims must be novel over the prior art.Read more → reference. Claim charts are used in infringementinfringementMaking, using, selling, or importing a patented invention without permission from the patent holder.Read more → analysis, licensing negotiations, and patent litigationlitigationA lawsuit over patent infringement. Litigated patents often signal commercial importance.Read more →. They make it visually clear which claim elements are met (or not met) by the thing being compared.

Where this comes up

Claim Chart / FTO

Related terms

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Cross-referenced

Claim

The numbered sentences at the end of a patent that define exactly what is legally protected. Claims are the only part of a patent that determine infringement — if a product or process doesn't fall within the scope of at least one claim, there is no infringement. Every other part of a patent (abstract, drawings, specification) exists to support and illuminate the claims.

Cross-referenced

Infringement

The unauthorized making, using, selling, or importing of a product or process that falls within the scope of a valid patent's claims. Infringement is determined by comparing each element of a patent claim to the accused product or process. If every element is present — literally or under the doctrine of equivalents — infringement exists.

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Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

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Prior art

All publicly available information that existed before a patent's priority date that is relevant to the novelty and non-obviousness of the claimed invention. Prior art includes earlier patents, published patent applications, journal articles, product manuals, conference presentations, and anything that was publicly known or in use. Searching prior art before filing is one of the most valuable steps an inventor can take.

Claim differentiation

A canon of claim construction: different claims are presumed to have different scope, so a limitation spelled out in a dependent claim is presumed to be absent from the broader independent claim it depends on. It is used to argue an independent claim should be read broadly.

Conception

The mental part of invention: forming a definite and permanent idea of the complete invention in enough detail that a skilled person could build it. Conception, paired with reduction to practice, determines who legally counts as an inventor.

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