Comparative Guides
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Results: 4 Answers
Patents
8.
Claim construction
8.1
When during a patent infringement action are claim terms defined by the tribunal?
 
Denmark
The claim terms are defined by the court in its decision in the patent infringement action.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
8.2
What is the legal standard used to define claim terms?
 
Denmark
The extent of the protection conferred by a patent must be determined by the claim terms. In interpreting the claim terms, the patent description may serve as a guideline.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
8.3
What evidence does the tribunal consider in defining claim terms?
 
Denmark
The tribunal will decide on the true meaning and scope of the claim terms in light of intrinsic evidence, such as the patent description, other claims in the patent and/or other relevant prior art, as a skilled person would understand them. The tribunal may also consider extrinsic evidence, such as the interpretation of a skilled person and technical publications.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab