An International Guide to
Patent Case Management for Judges

Full guide

Download full guide Download current chapter
WIPO Translate
Google Translate

1.3.2 Claim construction

The methods of interpreting patent claims, a crucial aspect of patent litigation, vary across jurisdictions. Claim construction, typically considered a question of law rather than fact, involves examining a claim’s wording, as well as the descriptions and drawings, from the point of view of a person having ordinary skill in the art. In some jurisdictions, patent prosecution files may be part of claim construction,33 while they are inadmissible in other jurisdictions.34 Separate hearings specifically for claim construction (known as Markman hearings) are common practice in some jurisdictions,35 whereas in others they are not used.36