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Difference in claims for patent v. application

User Jeerbl
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Final answer:

The main difference between patent claims and patent applications is that while applications represent the desire to gain legal protection for an invention, claims define the actual legal scope of the granted patent. The number of patent applications has increased significantly since the 1990s due to the Internet's invention and legislative changes.

Step-by-step explanation:

The number of applications filed for patents has seen a notable increase since the mid-1990s, influenced in part by technological advancements such as the invention of the Internet and changes in law, namely the 1998 Copyright Term Extension Act. While patent applications are the initial filings expressing the desire to obtain protection for an invention, patent claims actually define the scope of protection that is granted and are the essential parts of a granted patent. Patent claims are critical as they determine what others are prohibited from making, using, or selling without permission.

There are three types of patents one can apply for: utility patents (covering new and useful processes, machines, etc.), design patents (covering new and original ornamental designs), and plant patents (covering new varieties of asexually reproduced plants). Despite the surge in patent filings and the incentives they provide for innovation, there is evidence that inventors only capture a fraction of their inventions' total economic value, revealing imperfections in the patent system.

User Pablo Matias Gomez
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