Patents Attorney in Minneapolis, Minnesota

Why Should Claims Not Be Read on the Prior Art?

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The job of a patent attorney is to actually craft claims that are broad enough to exclude others from practicing the invention, as many others as can possibly be excluded. But the claims have to be narrow enough to avoid the prior art because if your claims are so broad as to encompass the prior art then your patent is invalid. The reasoning behind that is that patent attorneys shouldn’t be able to take what’s already known in the prior art or the public domain and make that a proprietary right of somebody if that was already known to the general public. So the claims have to be very carefully drafted by a patent attorney to be as broad as possible while avoiding the prior art and to look at the invention from a number of different perspectives so that all of the inventive aspects can be captured.

Minneapolis patent attorney Suneel Arora discusses the reason claims are not read on the prior art.

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