Patent Claim Drafting: Major Principles


A patent claim is that part of the patent specification which defines the boundaries of patent protection. Patent claim drafting is the details and claims of the invention which one needs to furnish while filling the patent application. They form the base of the protection of the patents. In a way, claims create the boundary line which one cannot cross otherwise it will result in patent infringement. The patent claim draft is the first and an important part of a patent application that the examiner reviews.

Essentials of patent claim drafting:

It is important for one to understand the concepts of the invention to begin patent claim drafting. One should remember to draft the patent claims broadly without adding unnecessary information. The scope, characteristics, and structure of the invention must be very clear from reading the claims. Some of the important points to remember while patent claim drafting is:

  1. Writing a basic patent claim:

Every claim has three sections- the preamble, the transitional phrase and body of the claim. The preamble is the first part of the claim. The preamble states whether the claim is for an apparatus or a method. To write a preamble for apparatus, the claim could start with “An apparatus for making a mark on a writing surface”. To write a preamble for method, the claim could start with “A method for making a mark on a writing surface.”

The transitional phrase is the “comprising phrase”. One can use three different types of transitional phrase that is comprising, consisting of and consisting essentially of. You always want to use the “comprising” transitional phrase, as it gives the broadest protection.

Everything after the transitional phrase is the body of the claim. The body of the claim defines the elements and limitations of the claims.

Also read: Patent Filing: Know How to Proceed

  1. Special claim language:

Special claim language consists of two parts. They are means plus function and functional language.

  • Means-plus-function:

A means-plus-function limitation is a way to claim multiple embodiments in a patent application very quickly. For example, let’s assume that the patent application describes multiple ways of attaching a part to a base. One can claim the various ways of attachment as “means for attaching a part to a base”. By doing this, the phrase is broad enough to encompass all ways of attaching the part to the base.

  • Functional language:

A patent claim in many instances includes functional language. Although functional language does not provide patentable weight to the claim, it provides context to the claim as a whole.

Also read: Patent Translation Risks: What & How to Avoid?

  1. Technical specification of the invention:

It is one of the most important steps of patent claim drafting. The technical area or the field of the invention refers to the broad area of technology under which the invention falls. One should mention a statement that gives a broad definition of the domain that relates to the invention. Also, importantly one needs to shed lights on the other unknown technical aspects of the product in the patent draft. The invention should be placed in its setting by specifying the technical field to which the invention relates. It is possible by mentioning the prior art portion of the independent claims in full by simply referring to it.

  1. Patent drawings:

One of the best ways to enhance any disclosure in a patent draft is through quality patent drawings. It is one of the ways to make sure that the application is covering major aspects of the invention. The drawings can also help one to make up for the written disclosures. Sometimes, they are detailed enough to cover the missing aspect of the invention. Thus, it would be good if one includes drawings while patent claim drafting in the patent application.

Also read: Patent Drawings: Key points to remember 

  1. Alternative use of the invention:

The biggest challenge for inventors is to think about all the possible ways in which one can use the invention. It is very important to cover all the aspects and variations of the invention which can prove to be helpful in the future. If there seems to be an alternative use of the invention, it must also be added in the application. Even if the invention is intended for a different purpose in the future, one must include it in the patent application.

Why Choose Us? – Patent Drafting Catalyst

 If you are looking for a patent claim drafting or seeking any assistance, Patent Drafting Catalyst (PDC) is the way to go. PDC is an exclusive group of the world’s leading patent drafting experts. Our team has more than 100 employees drafting quality patents. PDC is a team of professional experts who serve clients globally with our team helping innovators in drafting the patents. PDC has an in-depth understanding of drafting patents and have the ability to leverage the power of collaborative patent drafting. Our team of experts boasts years of experience in patent drafting and will provide you with the best possible solutions. Ethics is the first priority of PDC and our professionals will guide you in the right direction. We ensure that the legal rights of our clients are safe. To avail our services, Visit Patent Drafting Catalyst.

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