Claim construction

Two people read the same claim and reach opposite conclusions about whether a product infringes. Construction is the discipline of deciding which reading is right.

In simple words

The process of deciding what the words of a claim mean, read purposively, through the eyes of the person skilled in the art, in the light of the specification and drawings.

Think of it as

Working out exactly where the fence runs before asking who crossed it.

Why it matters

Construction happens once and then governs both infringement and validity. A construction broad enough to catch the competitor is often broad enough to be anticipated - which is why the same word is argued from both directions.

A simple example

Whether “replacing” an antenna covers a fresh installation, or only swapping out an existing one, has been decided by reading the claim purposively rather than literally.

Common mistake

Arguing a different meaning for infringement than for validity. Courts notice.

Where it comes from

Developed through Indian case law; see for example Communication Components Antenna Inc v Ace Technologies Corp (Delhi HC, 2019) on purposive construction