Are claims all that matter?

[EngineersCanSel]

Set the stage: We're reviewing a patent and the general patent, background, examples and description talk only about a certain manufacturing process, say casting, but the claims don't mention the manufacturing route at all, they just talk about the product, say a fan blade.

My question is if we want to do this fan blade via a forging process, which clearly wasn't the intent of the patent, are we still in trouble since the claims don't specify the manufacturing process.

I guess the questions boils down to "are claims all that matter in a patent?"

Thanks in advance!

 

[Michael Wechsler]

I'm not sure what you mean by "claims" are all that matter in a patent. Patents are about the details. If the details aren't in there specifically in some manner then they are likely not covered. This is why people seek out patent specialists to make sure that their patent defends what it is they invented. It is possible that your process is different and not inclusive of what is in the patent you are reviewing.