Claim Amendment

Definition

A claim amendment is a change to the language of one or more claims, typically made during prosecution to address an examiner’s rejection.

Why It Matters Legally

Amendments shape final claim scope and create a record that can limit the patent later, including under prosecution history estoppel. Strategic amendment is key to balancing breadth and survivability.

Example Use Case

To overcome a prior art rejection, an applicant amends a claim to add a limiting feature that distinguishes the invention.

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Related Terms

Office Action, Patent Prosecution, Prosecution History Estoppel, Examiner, Patent Claim