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Anatomy of a System Claim

Posted on April 6, 2011 by

Keyboard button with the word "learn" on it As we discussed last time, claims are the moral equivalent to the property description and plot plan in a real estate transaction that specify the boundaries of a parcel of land – to truly understand what intellectual property is actually covered in an issued patent, you must look to the claims.


There are a couple of different categories of claims. Last time, we looked at method claims – a set of steps that describe how to do something inventive. If a competitor is to infringe the claim, they must perform each of the steps in the claim. A system claim provides a different approach to protecting the invention. Instead of protecting the steps taken to execute an inventive process, we protect the novel components that carry out those steps. In addition to protecting truly novel aspects of the widgets that the invention relies on, the system claim provides a way of protecting the invention in the event that a competitor doesn’t actually take each of the steps listed in a method claim but they’ve copied the novel widget.


Let’s take a look at the anatomy of a system claim:
System Claim Diagram


Next time, we’ll discuss how to read the rest of the patent.


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