Relationships Between Patent Claim Terms and Competitiveness in Lawsuits

Abstract

The mere acquisition of a patent does not guarantee success in a claim of patent infringement. The patent claim terms of a patent claim play a crucial role in patent enforcement or litigation, since they are the primary determinant of the scope of the patent right. This study quantitatively analyses patent claims involved in patent infringement lawsuits in Japan. On the whole, patent claims which have fewer terms functioning as limitations on the patent claims are advantageous in patent infringement lawsuits. Moreover, among patent claims that have more terms functioning as limitations of the patent claims, those which have more words specifying the relationships between the terms are more likely to be successful in lawsuits.