A patent claim is that part of the patent specification which defines the boundaries of patent protection. Writing patent claims mean writing 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. Patent claims explain the limits of what a patent covers and they are an important part of the patent application. They form a protective boundary line around your patent that lets others know when they are infringing on your rights. It means that your words and phrasing in claims define the limits of this line.
Also Read: Patent Filing: Know How to Proceed
Essentials of writing patent claims accurately:
Accurately writing patent claims while filing the patent application to the USPTO is the key to receiving complete protection for the invention. So, it is important for one to draft the claims in the right manner with a proper format. One must include the scope, characteristics, and structure while drafting patent claims. The advantages of writing patent claims accurately are:
Technical specification of the invention:
Patent claims include all the technical specifications of the invention. So, mentioning all the technicalities of the invention in a broad manner is very essential. Also, importantly one needs to shed light 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.
Problem-solving description of the invention:
It is one of the most important parts to cover while writing patent claims accurately. Patent claims include the solution to the problem that the invention solves. So, one cannot afford to make any mistake in the patent claim. An invention without purpose may face objection while obtaining a patent grant. The clear mentioning of the problem and its solution describes the advantages of the invention in the future. So, that makes it easy for the patent examiner to grant a patent. What one needs to do is to show how the invention presents new and a different angle.
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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.
Alternate use of the invention:
Writing patent claims accurately is essential as it also includes the alternate use of the invention in it. The biggest challenge for inventors is to think about all the possible ways in which the invention can be used. 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, one must also add it in the application. Even if the intent of the invention is for a different purpose in the future, one must include it in the patent application.
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 sells your invention or design.
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