Markman hearing

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 construction

The legal process of interpreting what a patent claim means — specifically, the scope of each term in the claim. In litigation, judges perform claim construction in a "Markman hearing" before deciding infringement. Claim construction is often the most consequential step in patent litigation: a narrow construction can defeat infringement, while a broad one can invalidate the claim.

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.

Cross-referenced

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.

Markush group

A way of claiming a set of alternatives in a single claim — for example, 'selected from the group consisting of A, B, and C.' It is common in chemistry and pharmaceutical claims to cover several specific options at once.

Means-plus-function

A claim format authorized by 35 U.S.C. 112(f) that claims an element by what it does rather than what it is — for example, 'means for fastening.' Such a claim is limited to the specific structures disclosed in the specification and their equivalents, so it is narrower than it first appears.