How to Write Patent Claims for Patent Application?

Let us first briefly learn about what are patent, and why are they so important in the patent application. Patent claims are the most important part of the application since it defines the scope of the invention. And the areas defined in the claims states that what is covered under the claims and what not. Patent claims are the legal basis of any patent protection that creates a boundary to protect the claims stated for the invention. A very basic utility that must always be followed while writing claims is to start with a new and fresh page every time a new claim has to be written, and assigning them with Arabic numerals starting from 1. This will not only bring clarity in the claims for the inventor but will also make the reviewer comfortable to digest and understand the meanings of each and every claim. Another essential requirement to safeguard your claims is to add “I claim” statement or any such statement before writing the claims. This kind of opening for the claims will clearly state the inventor’s every right to stand against any sort of infringement on his/her claims, if found.

There are three main components, namely the scope, the attributes, and the structure of the claims that must be carefully stated while writing patent claims.

Let us learn some quick tips about incorporating these three main components into patent application.

Component Description
Scope
  • Must be precisely stated with only the essential elements (unique and inventive features) of the invention in short sentence.
  • Must start with broader claims to cover wide range of aspects, and then progress to narrow aspects in detail.
Attribute
  • Must be clear, complete and unambiguous.
  • Must present non-subjective judgement in front of the examiner.
  • Must be based on objective observation.
  • Must be fully supported by the description provided for reference.
Structure
  • Must include the three main parts that together makes the structure, namely the introductory phrase, the body or the main content, and the link that joins the two.
  • All three main parts must satisfies these conditions:
  • For introductory phrase: Must show the category or the purpose of the invention. For example, “A cap for soft drink bottle”.
  • For link/connection: Must limit the scope of the patent by connecting the body and the introductory phrase, using words such as, “consisting of”, or “comprising of”.
  • For body: Must show the legal description that has to be protected.

 

For example, “A cap for soft drink bottle, consisting of plastic made cab to protect the beverage inside the bottle from spilling out. Here, ‘A cap for soft drink bottle’ is the introductory phrase, ‘consisting of’ is the link line, and ‘to protect the beverage inside the bottle from spilling out’ is the body.

Our Approach

Our team at Patent Drafting Catalyst PDC holds mastery in drafting claims to many of our corporate clients. We provide the best in class services in a budget that suits our client’s requirements.