How to write a broad patent claim

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Obtaining issued patents in the biotechnology space can be a challenge. Here is a list of ten patent strategies we recommend for biotechnology innovators to increase their odds of obtaining valuable intellectual property from the patent office. By planning early, biotech innovators can streamline patent application preparation and examination, which can lead to more robust patent protection. Test a variety of different molecules or assay conditions. Even if the commercial product will be a single compound, experiments testing related compounds are valuable evidence that a patent application is entitled to broader claim scope. For example, if the compound is a DNA molecule, including testing data from variants of the DNA may support a claim that covers the compound and its variants.
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IP and Business: Quality Patents: Claiming what Counts

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How to Write a Patent Claim

By Michael K. Henry, Ph. Read Part Two. When developing the claim strategy for a patent application, many startup owners commonly assume that broader claims are always better.
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In a patent or patent application , the claims define, in technical terms, the extent, i. In other words, the purpose of the claims is to define which subject-matter is protected by the patent or sought to be protected by the patent application. This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. In most jurisdictions, a patent is a right to exclude others from making, using, importing, selling or offering for sale the subject matter defined by the claims when the claim is for a thing apparatus, composition of matter, system, etc. If a claim is for a method, the right to exclude would be to exclude any single party from carrying out all the steps of the claim.
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