Drafting, Interpretation, and Amendment of Patent Claims
Procedures before the German Patent and Trade Mark Office, the European Patent Office, and the Federal Patent Court
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Beschreibung
The patent claims determine the scope of protection of a patent. The patent claims therefore represent the most important part of a patent. The drafting of the patent claims deserves the greatest attention, since inadequate wording can significantly reduce the possible scope of protection, and errors in claim drafting may no longer be correctable.
It is important to understand how claims are to be interpreted. Patent claims are interpreted from the perspective of the notional person skilled in the art. This fictional expert derives the meaning of a claim based on several interpretive approaches. After filing with the patent office, the possibilities for amending patent claims are limited. In particular, it must be ensured that no “inadmissible extension” or “broadening of the scope of protection” occurs.
This specialist book describes all of these phases: from drafting claims before filing with the patent office, to interpreting claims before patent offices and courts, and the options for amending an already filed claim during opposition, appeal, and nullity proceedings.
The associated online course first explains the basic concepts of patents, trademarks, utility models, and design rights. It then offers detailed guidance on how to obtain a patent without an attorney.
The author
Dr. Thomas Heinz Meitinger is a German and European patent attorney. He is the managing director of Meitinger Patentanwalts GmbH. Meitinger Patentanwalts GmbH is a medium-sized patent law firm based in Munich. After studying electrical engineering in Karlsruhe, he initially worked as a development engineer. Later positions included roles as production manager and technical director in medium-sized companies.
Dr. Meitinger regularly publishes scientific articles and writes specialist books on intellectual property law and technical subjects. He also gives lectures on patent, trademark, and design law.
Dr. Meitinger holds the degrees Dipl.-Ing. (Univ.) and Dipl.-Wirtsch.-Ing. (FH). In addition, he holds the following master’s degrees: LL.M., LL.M., MBA, MBA, M.A., and M.Sc.
The translation was done with the help of artificial intelligence. A subsequent human revision was done primarily in terms of content.
This book is a translation of an original German edition. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation.
The patent claims determine the scope of protection of a patent. The patent claims therefore represent the most important part of a patent. The drafting of the patent claims deserves the greatest attention, since inadequate wording can significantly reduce the possible scope of protection, and errors in claim drafting may no longer be correctable.
It is important to understand how claims are to be interpreted. Patent claims are interpreted from the perspective of the notional person skilled in the art. This fictional expert derives the meaning of a claim based on several interpretive approaches. After filing with the patent office, the possibilities for amending patent claims are limited. In particular, it must be ensured that no “inadmissible extension” or “broadening of the scope of protection” occurs.
This specialist book describes all of these phases: from drafting claims before filing with the patent office, to interpreting claims before patent offices and courts, and the options for amending an already filed claim during opposition, appeal, and nullity proceedings.
The associated online course first explains the basic concepts of patents, trademarks, utility models, and design rights. It then offers detailed guidance on how to obtain a patent without an attorney.
The book includes an online course. You can find a teaser for it at: https://sn.pub/rndkr9 Sets out the possible amendments in opposition, appeal, and nullity proceedings Provides tips for the patent grant procedure before the German and the European Patent Office
Autor*in
Thomas Heinz Meitinger
Themen in »Drafting, Interpretation, and Amendment of Patent Claims«
Opposition Appeal from an opposition decision Appeal Patent Patent application Nichtigkeit Nullity proceedings Federal Patent Court of Germany DPMA Patent Office Patent claim Claim of protection German Patent Office European Patent Office EPA