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The overall strength of your patent exists in the number of claims it has. The claims are the exclusive rights that you get as a patent owner. If you have more claims, your patent is likely to mitigate any challenge in adverse conditions. They work in your favor in the case of patent litigation.
However, there are still many challenges that may arise in handling patent claims. With the help of an experienced patent law firm, you can withstand these challenges.
What are the Challenges in a Patent Claim?
Every challenge you face in your patent litigation has a unique nature. Understanding the specific nature of each problem helps to present a stronger defense in your favor. The types of problems include:
If there is evidence that your invention is already available or known to the public, either in full or part, it becomes a prior art challenge for your patent claim.
When litigating, a third-party can focus on this prior art to prove that your invention isn’t non-obvious or new. It can be hard to know about relevant prior art before filing the patent application.
Some patents may not be in public as yet, while others may not show up in the regular search. These reasons give strength to the litigation forced by a motivated infringer, challenging your claim validity.
But, if you have multiple claims in your application, prior art may not be able to invalidate your patent. Also, draft detailed dependent claims to mitigate this challenge.
Lack of Clarity
It is difficult to enforce a patent having vague language in the claims. Since the meaning of words may also change over time or get subjected to different interpretations, lack of clarity is the big challenge to patent claims.
Here, litigation may take years to complete after filing your application. This situation adds uncertainty around your claims. You can ward off this challenge by using multiple claims with different words in it.
In this case, if one wording isn’t precise, others may keep your patent validated. Two independent claims with the same invention but different terminology can resolve this issue.
Eligibility of Subject Matter
As per the laws, an invention becomes eligible for a patent only if it applies to the machine, composition, manufacture, or processing of matter. Though this definition looks straightforward, subject matter eligibility is still a massive challenge for patent claims in the USA.
There’s a lot of confusion about this particular aspect. Due to the uncertainty about eligibility, having more claims that account for variability will reduce the risk of rejection for your patent.
You can draft independent claims describing a specific component or application of your invention to avoid this challenge. Take help from your patent law firm to formulate error-free claims in this respect.
To draft multiple claims with different languages and purposes, you need to navigate the complex legal minefield. Hence, it makes sense to work with experts qualified in handling patent claims with a professional approach. They follow the best practices to draft different claims for your invention.
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