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7.4 Fairness and the Infringeability–Validity Balance
7.3.5 Zone 5
A zone 5 claim has so many limitations that someone desperate to infringe the
claim could scarcely do it even if his or her life depended on it. A zone 5 claim will
capture only a pathologically committed infringer and gives the patent owner the
peace of mind that the patent will be almost certainly found valid if measured.
Azone 5 claim is thus a “no risk” claim. Its infringeability is close or equal to
zero. It is the antithesis of the zone 1 no-shame claim.
Zone 5 claims sometimes result from an interaction with the USPTO wherein
the patent examiner will allow certain cl