Legal Definitions - shifting ground

Definition: Shifting ground refers to the broadening of a patent application in an amendment by claiming a feature of the invention that was disclosed but not claimed in the original application.

Example: Let's say a company filed a patent application for a new type of phone case that protects against water damage. In the original application, they only claimed that the case was waterproof. However, during the examination process, they realized that the case also had shock-absorbing properties that could be useful for people who drop their phones frequently. They could then file an amendment to the application to claim this additional feature, broadening the scope of their patent.

Explanation: Shifting ground occurs when a patent applicant realizes that their invention has additional features or benefits that were not originally claimed in the application. By filing an amendment to claim these features, they can broaden the scope of their patent and potentially gain more protection for their invention.