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A critical aspect of patent due diligence is patent enforceability,

Posted: Wed Dec 18, 2024 6:44 am
by RufaidaKhatun
Patent Enforceability which determines the practical ability to exercise the rights granted by a patent. It encompasses the effectiveness of patent claims in a legal context and the readiness of a patent owner to protect their intellectual property through litigation or other enforcement strategies.


9.1. Defects in Patent Claims The enforceability of a patent depends heavily on the quality and clarity of its claims. Defects in claims, such as ambiguity, overly broad language, or lack of specificity, can significantly australian girls whatsapp number reduce the enforceability of a patent. During due diligence, it is crucial to carefully review the claims to identify and correct any such defects: Ambiguity: Claims must be clear and precise.

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Ambiguous claims can lead to interpretation difficulties, making it more difficult to prove an infringement in court. Overly Broad Claims: While broad claims can provide extensive protection, they must be balanced against the risk of incorporating prior art, which may be invalid. Specificity: Claims should be specific enough to clearly distinguish the invention from the prior art and to define the scope of protection.