What is meant by “claim construction”?

Claim construction refers to the legal interpretation of the meaning and scope of patent claims, particularly in the context of patent infringement litigation. This process is critical because the way claims are interpreted can significantly influence the outcome of infringement cases. Claim construction determines how the terminology and scope of the claims are understood by the courts, which directly affects whether a product or process infringes a patent.

During claim construction, courts may look at the patent's specification, prosecution history, and other intrinsic and extrinsic evidence to ascertain the meaning of the words used in the claims. The construction provided by the court sets the boundaries for what is covered by the patent, and consequently, it influences whether an infringement occurs or if a patent is valid. This deep level of interpretation underscores the importance of precise language and careful drafting in patent documents, as even small differences in wording can lead to different legal interpretations.

The other options do not accurately capture the essence of claim construction. While the initial filing of patent claims and the drafting process are important steps in obtaining a patent, they do not involve legal interpretation in the context of infringement or litigation. Similarly, while a jury may evaluate claims during a trial, their role is typically to determine factual issues, rather than engage directly in the legal interpretation necessary for