Legal Definitions - claims

Claims are statements that are made in a case, but they are not always backed up with proof. In patent law, a claim is a formal description of the unique features of an invention and the protection that the patent provides. The claim must be specific to prevent the patent from being too broad. This is required by law to ensure that the patentee is not claiming more than what they have invented.

When determining whether a patent claim is obvious or not, several factors are considered:

• The scope and content of the prior art
• Differences between the prior art and the claims
• The level of ordinary skill in the relevant field
• Objective evidence of non-obviousness

For example, if someone claims to have invented a new type of phone that can make calls without a battery, they would need to provide evidence to support this claim. If they cannot provide evidence, then their claim may not be valid.