Patent Claim Interpretation – An Introduction

Patent Claim Interpretation – An Introduction
Jan Brinkhof

ISBN 9789041199263
Kluwer Law International

9789041199263

This contribution provides a short and general introduction on the topic that will be discussed in more detail in the following contributions. The contributions by Adelman and Hoyng feature a red line. That red line concerns the question to which protection an inventor or patent holder is entitled. Rights of patentees are at the same time limitations of the freedom of competitors. This red line is in my view the balance between the rights of patentees on the one hand and the freedom of competitors on the other hand. At least one of the contributions suggests a certain degree of concern concerning “overbroad claims”. This immediately introduces the concept that plays a central role in the discussions: the claims. During the procedure up to grant as well as after grant of the patent, the claims are of crucial importance. In this contribution, the topic will be introduced by using the European Patent Convention (EPC) as a guideline.