Claims, “Legally, Less is More!”

Jieun Kim, Buyong Jeong and Daejung Kim
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Jieun Kim: Hanyang University
Buyong Jeong: Korean Intellectual Property Office
Daejung Kim: Hankyong National University

Chapter Chapter 4 in Patent Analytics, 2021, pp 41-54 from Springer

Abstract: Abstract A patent claim is indisputably the most important part of a patent document by which the scope of protection is conferred. However, comprehending a patent claim is notoriously difficult. It is often meticulously written to attain the broad protection scope while using limited wording, thus foreshadowing the doctrine of “Legally, Less is More.” This chapter elaborates on the anatomy of patent claims in a step-by-step manner to guide readers to figure out key claim elements and their structural and functional relationships. In addition, given that the protection scope of design patents is primally determined by ornamental shape, the chapter further explains how to define claims in design patents without a wordsmith and practical uses of partial design claiming system.

Date: 2021
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DOI: 10.1007/978-981-16-2930-3_4

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