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How important are the claims in a patent application?

By Mary Bellis, About.com

Question: How important are the claims in a patent application?

Answer: Claims define the invention and are what are legally enforceable. They are extremely important.

Whether a patent will be granted is determined, in large measure, by the wording of the claims. Claims continue to be important once a patent is granted, because questions of patent validity and patent infringement are judged by the courts on the basis of the claims.

The fee required to be submitted with a non-provisional utility patent application is, in part, determined by the number of claims and type of claims.

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