Construction is a question of law for the court, informed by the claims, specification, and prosecution history, with extrinsic evidence considered secondarily. Terms receive their ordinary meaning to a person of skill unless redefined or disclaimed.
Underlying factual findings receive clear error review.
Alternative Names:
Claim Interpretation|Markman Construction
Why it Matters?
Construction frequently determines the outcome, since a narrow construction produces non-infringement while a broad one invites invalidity over prior art, which means the parties argue positions that trade off between the two defenses. Prosecution history disclaimers are the most reliable narrowing arguments because they reflect the patentee's own statements. Selecting which terms to construe is strategic, since construing everything dilutes the dispositive ones.
Frequently Confused with
Related terms
Frequently asked questions
Why does construction determine outcomes?
Which narrowing arguments are strongest?
