Legal Definitions - aggregation of claims

Definition:Aggregation of claims refers to an excessive number of claims in a patent application that do not differ significantly in scope and are essentially duplicative.

For instance, a patent applicant may claim an invention and its various features in a reasonable number of ways, but each claim must differ materially from the others. If the claims are too similar, it is considered an undue multiplicity of claims.

Example: A company files a patent application for a new type of smartphone. The application includes 50 claims, but many of them are very similar and do not differ significantly in scope. For example, one claim might describe the smartphone's camera, while another claim describes the same camera but with a slightly different lens. These claims would be considered an aggregation of claims.

Explanation: In this example, the patent applicant has included an excessive number of claims that are essentially duplicative. The claims for the smartphone's camera do not differ materially from each other, and therefore, they are considered an undue multiplicity of claims. This can make it difficult for the patent examiner to determine the scope of the invention and can lead to delays in the patent application process.