- #1
Mech King
- 73
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I know that the interpretation of patent claims can be a complex art, but can you help me clarify some logic:
Basically, if your design differs from someones independant patent claim, with the exclusion of one element, then it will not be infringing that patent. So if you don't infringe any indepent claims of the patent then you do not infringe at all.
But my main query is, what is then the point of having independant claims to further define the elements of the design? Because shorley if you don't infinge the independent claims then the dependent ones are irrelevent?
But if you have all the elements listed in the independent claim then only then will a dependent claim be applicable - if you infringe the claim that it is dependant on.
So to that end why do they bother with dependent claims?
Anybody have any clues?
Many Thanks
Mech King
Basically, if your design differs from someones independant patent claim, with the exclusion of one element, then it will not be infringing that patent. So if you don't infringe any indepent claims of the patent then you do not infringe at all.
But my main query is, what is then the point of having independant claims to further define the elements of the design? Because shorley if you don't infinge the independent claims then the dependent ones are irrelevent?
But if you have all the elements listed in the independent claim then only then will a dependent claim be applicable - if you infringe the claim that it is dependant on.
So to that end why do they bother with dependent claims?
Anybody have any clues?
Many Thanks
Mech King