3. Don’t forget method claims
In addition to a design patent, a method claim can cover the process of performing a procedure.
Method claims can potentially provide a broader protection than device claims because they do not require a detailed structural recitation, which tend to narrow the scope of the claim.
No one wants to sue the hospital or doctor for infringing on method claims, but a competitor’s device can indirectly infringe your method claims. When it comes to enforcing your patent against a competitor’s device, a broad, well-drafted method claim can really come in handy, Bhattacharyya said.
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