LSDefine
Simple English definitions for legal terms
A quick definition of broader than the invention:
Term: BROADER THAN THE INVENTION
Definition: When someone creates something new, they can apply for a patent to protect their invention. A patent claim is a statement that describes what the inventor wants to protect. Sometimes, the patent claim is too broad, which means it covers more than just the invention. This can happen when the inventor tries to protect too many things at once. When a patent claim is broader than the invention, it means that it covers things that the inventor did not actually invent. This can cause problems because it is not fair for the inventor to have control over things that they did not create.
A more thorough explanation:
Definition: When a
patent claim is broader than the invention, it means that the scope of the claim goes beyond what is actually disclosed in the patent
application or granted patent.
Example: Let's say a company invents a new type of bicycle tire that is made of a special rubber compound. They file a
patent application for the tire and the patent is granted. However, if the patent claim is written in a way that covers all types of rubber compounds, not just the specific one used in the invention, then the claim is broader than the invention.
Explanation: In this example, the patent claim is broader than the invention because it covers more than what was actually invented. This can be a problem because it can make it difficult for others to develop similar products without infringing on the patent. It can also make it easier for the patent holder to sue others for
infringement, even if the other products are not exactly the same as the patented invention.
broadening statement |
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