For most patents, claims directed to composition of matter are of the utmost importance. Infringement of a composition patent can typically be established when another party makes, uses or sells the claimed composition, regardless of what use is made of the composition. However, the increased breadth of composition-of-matter claims tends to make them more susceptible to invalidation.
In order to minimize the threat of invalidation, it is advised to also obtain claims directed to methods of utilizing the composition. Although infringement of a method claim can only be established if the composition is employed in the manner recited in the claims, the range of prior art that is available to anticipate the method claim will also be more narrow.
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