The strength of a patent as a legal instrument to protect an invention rests primarily on the drafting quality of its claims. The claims of a patent recite the invention "that is deemed by [the] applicant to be operable and patentable." Furthermore, the claims define the legal metes and bounds of an invention so that a patent owner can prevent others from making, using, and selling a patented product in the United States for a period of twenty years from the filing of the patent application. The Supreme Court has long held that a patent's claim, more so than any other aspect of the patent, bears the distinction of being the sole measure of the grant of the patent.
Daniel J. Melman,
Post Markman: Claim Construction Trends In The Federal Circuit,
Rich. J.L. & Tech
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