Independent claim

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

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.

Injunction

A court order stopping an infringer from making, using, or selling the infringing product. After eBay v. MercExchange, injunctions are no longer automatic — the patent owner must show irreparable harm and that money damages are inadequate.

Information disclosure statement (IDS)

A filing in which a patent applicant tells the USPTO about the prior art they are aware of. Applicants have a duty of candor to disclose known material references; failing to do so can render the resulting patent unenforceable for inequitable conduct.

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.

Intellectual property (IP)

The legal category covering intangible creations of the mind that receive some form of legal protection. The four main types are patents (inventions), copyright (creative works), trademarks (brand identifiers), and trade secrets (confidential business information). Each type has different rules, durations, and protections — and they can overlap on the same product.