How to Write a Patent Claim?

It is essential to write a patent claim in order to define the scope of the invention. Writing a patent claim means writing the details of the invention which one needs to furnish while drafting the patent application. Once you draft a patent claim, it becomes difficult to extend the protection beyond the patent claims. So, it is important for one to draft patent claims accurately in a proper manner. Also, there are two types of patent claims. The types are dependent claims and independent claims. We will discuss how one should write precise patent claims while drafting a patent application.

Key Points on how to write a patent claim

Accurately writing patent claims while filing the patent application to the USPTO is the key to receiving complete protection for the invention. The patent claim basically consists of three sections:

  1. Preamble:

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.”

  1. Transitional Phrase:

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.

  1. Body of the Claim:

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

Related Article: Things to Do Before Patenting Something

Advantages of Writing Patent Claims

It is essential to write a patent claim in order to secure your invention. Patent claims define the contours of legal rights on the patent grant. According to the Patent Act, every complete specification must end with claims that define the scope of the invention for protection. Some of the advantages of writing a patent claim are:

  1. An In-depth Description of the Invention:

The in-depth description of the invention includes describing each part of the invention. For a process, describe each step you start with and what you need to do to make the change. The description starts off with the general background information and progresses to more detailed

information about one’s invention and its parts. One can guide the reader to a full description of his invention by increasing levels of detail. Writing a thorough description is essential as one cannot add any new information to the patent application once filed. If one wants to make any changes, he can only do so by inferring the original patent drawings and description.

  1. Protect Intellectual Property:

As we know, the patent claims to protect the intellectual property rights of the inventor, so it is important to draft them accurately. Well written claims are the foundation of a good patent. They help you keep the exclusive rights to your invention and design. They also give a basis for prosecution if someone makes or sell your invention or design.

Related Article: What is the role of an Intellectual Property Paralegal?

  1. Technical Specification of the Invention:

If one wants to write a patent claim, he must mention the technical specification of the invention. Patent claims include all the technical specification of the invention. So, mentioning all the technicalities of the invention in a broad manner is very essential. Also, importantly one needs to shed lights on the other unknown technical aspects of the product while writing patent claims. 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.

Related Article: Patent Filing: Know How to Proceed

Looking for Patent Claim – Patent Drafting Catalyst

If you are looking to write a patent claim 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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