Legal Definitions - breadth of a claim

Definition: Breadth of a claim refers to the extent to which a patent claim prevents others from engaging in similar activities that may infringe on the patent holder's rights.

Example: Let's say a company has a patent for a new type of smartphone. The breadth of the claim would determine how much of the smartphone market the company can control. If the claim is very broad, the company may be able to prevent other companies from making any type of smartphone that has similar features or functions. However, if the claim is narrow, the company may only be able to prevent others from making smartphones that are very similar to their patented design.

Another example: A pharmaceutical company may have a patent for a new drug that treats a specific condition. The breadth of the claim would determine how much control the company has over the market for that type of drug. If the claim is very broad, the company may be able to prevent other companies from making any type of drug that treats that condition. However, if the claim is narrow, the company may only be able to prevent others from making drugs that are very similar to their patented formula.

The examples illustrate how the breadth of a claim can impact the level of control a patent holder has over a particular market or industry. A broader claim gives the patent holder more control, while a narrower claim limits their control to more specific areas.