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Claims are usually statements of something true in a case, typically without providing proof.

In patent law, the claim is a formal description of the novel features of an invention and the scope of protection created by the patent. A Patent Claim is required to be specific to protect the public against an extension of scope of patent. It is required by 35 USC § 112 for the purpose of forcing patentee to particularly point cut and distinctly claim subject matter which is regarded to be the invention.

Factors considered in determining obviousness of patent claims are:

  • The scope and content of the prior art
  • Differences between the prior art and the claims
  • The level of ordinary skill in the pertinent art
  • Objective evidence of non-obviousness. 

[Last updated in February of 2022 by the Wex Definitions Team]