Patent claims are the core part of your patent application. The claims of the patent specification create the boundaries of your invention. They define what is really protected by the patent application and show exactly what the inventor has invented. Clear patent claims helps the inventor to stop others from making, using, or selling the same without the permission of the inventor.
As we know that patent is an exclusive right given by the Govt to the person who has invented a new product or process which is novel, non-obvious and capable of industrial application, and the patent claims help to show the novelty and non-obviousness of that product or process.
Patent claims play a very important role when there is a dispute, or any type of infringement related to a patent is done by others. The claims can be written in both Provisional specification and Complete specification. In this article on Patent Claims, we are going to discuss What are patent claims and 3 common types of patent claims.
What Are Patent Claims?
Patent Claims are the important part which are written in the form of sentences in the patent specification that describe about the invention, and its ingredients and show the uniqueness of the invention. The claims of the invention explain exactly what part of the invention is novel and needs to be protected by the patent.
There can be more than one claim in the invention. Each claim under patent specification covers the specific details of the invention. These details can be like, how the invention is made and how it works.
Types of Patent Claims
Different types of patent claims cover different information related to the invention. We have mainly three types of patent claims which are commonly used to draft the patent specification.
Independent Claims
Independent claims stand alone and do not refer to any other claims. These claims are added to provide broader protection for the invention by mentioning and covering the essential elements of the invention.
Independent claims explain the basic form of the invention just by talking about the ingredients being used in this without taking the help of any other claims. These claims are most important for every invention because they establish the core of the invention’s protection.
Example: “1. A pen, comprising:
- a barrel;
- an ink reservoir inside the barrel;
- a writing tip connected to the ink reservoir.”
This is the example of independent claim in which it is defining a basic pen with its main parts: the barrel, ink reservoir, and writing tip.
Dependent Claims
Once you have created the independent claim in your specification, you can use the dependant claims which helps you to add more details and limitations. Dependant claims are totally dependent on the independent claim.
Dependent claims provide the extra layer of protection for your invention. It means that if you have made independent claim broader, then the dependant claims can still offer the valuable coverage to your invention. The main feature of the dependent claim is to take the reference from independent claim and specify the additional features or variations of the invention.
Example: “2. The pen as claimed in claim 1, further comprising:
- a cap that fits over the writing tip.”
Here, the dependent claim adds the feature of a cap to the pen described in the independent claim. This gives extra protection for the specific version of the pen with a cap.
Multiple Dependent Claims
Multiple dependent claims refer to more than one previous claim. Sometimes, such type of patent claims can be complex but offer thorough protection to your invention by covering various aspects of the invention in detail. Multiple dependent claims add flexibility by allowing combinations of features from different claims.
Example: “3. The pen as claimed in claim 1 or 2, wherein the ink reservoir is refillable.”
This multiple dependent claim, in this example, refers to both the independent claim and the dependent claim. That goes on to add that it is refillable which gives even broader more explicit protection.
Structure of Patent Claims
Patent claims have three main parts which are the integral parts of the claims.
Preamble
The preamble introduces the general field of the invention. It sets the stage for what follows and often indicates the purpose or function of the invention. Starting of the claim is known as the preamble.
Transition Phrase
The transition phrase defines the extent of the claim. Common phrases include “comprising,” “consisting of,” and “consisting essentially of.” Each phrase has specific legal meanings and affects how the claim is interpreted and enforced. The transition phrase give the shape to your claim and tells that there are some other things which are used in the invention.
Body
The body of the claim provides a detailed description of the invention and the ingredients used in the invention. The body of claims specifies the components and their interactions, defining the invention’s unique features and scope for better understanding.
Importance of Professional Guidance
Professional Guidance is very important if you are going to draft the claims for your invention. Sometimes, it may happen that you want to claim something but due to lack of knowledge, you failed to claim the exact invention. Your competitors can take the advantage of this mistake and can take over your invention and you will be failed to file infringement suit as well.
So it is always suggested that you get help from a Patent agent or IP attorney who can guide you to draft your specification in a way that you can cover all the aspects of your invention and perfectly secure your invention. You just need to give the Power of attorney and then they can help you to get your invention granted.
Conclusion
Patent claims are the heart of patent specifications because they explain the extent of your invention. It is highly recommended that you should take the help of any professional person in this field. By doing this, there are high chance that your invention will get the patent and will be protected under the Patents Act of 1970. I hope now you have the knowledge related to the drafting of the patent claims. If you have any questions then you can contact us.