How Do Independent Claims Affect Patent Prosecution and Litigation?
Independent claims play a pivotal role in both patent prosecution and litigation:
1. Patent Prosecution: During prosecution, examiners focus on independent claims to determine the novelty and non-obviousness of the invention. Well-crafted claims can expedite the approval process. 2. Litigation: In infringement cases, the scope of independent claims is scrutinized to assess whether a competitor's product or process infringes on the patented invention. Strong independent claims enhance the enforceability of the patent.
