20 Tips for Writing Patent Claims
20 Tips for Writing Patent Claims
As is defined in discussions on the same over at runrex.com, a patent claim is the part of a patent that defines the boundaries of the patent protection. Patent claims are, therefore, the legal basis of any patent protection, forming a protective boundary line around your patent and letting others known when they are infringing on your rights. Given that the limits of this protective boundary line are defined by the words and phrasing of our claim, you must get the writing part spot on. to help with that, this article will look to list 20 tips for writing patent claims.
Don’t include both a narrow and broad scope
As per the subject matter experts over at guttulus.com, each claim should have only one meaning that can either be broad or narrow, but not both at the same time. Make sure that each claim you write defines either a broad or narrow scope and not both.
Have multiple claims
Rather than including both narrow and broad scopes into one claim, another tip for writing patent claims is developing many claims, and have each one cover a different scope. According to the gurus over at runrex.com, this technique will allow you to have legal title of several aspects of your idea or invention, which is what you should be looking for.
Begin with broad claims and move towards narrower ones
Another tip for writing patent claims, as explained in discussions on the same over at guttulus.com, is making sure that the claims section of your patent begins with broad claims, and then develops towards those that are narrower in scope to be more effective.
Each claim should be one sentence
Yet another tip to keep in mind when writing patent claims is making sure that each claim is one sentence, and doesn’t spill over to a new sentence. This means that, no matter how long the sentence gets, a claim must be completed in one sentence.
Yet another important tip for writing patent claims is that you should ensure that your claim is clear. This is important as it ensures that the reader doesn’t speculate when reading your claim and is clear as to what you mean.
Words and phrases to avoid
As per the gurus over at runrex.com, to ensure that your claim is clear, there are certain words and phrases that you should avoid using in your claim. These are words and phrases such as “a major part”, “such as”, “when required”, “thin”, “strong” and so forth. This is because such words force the reader to make a subjective judgment on your claim rather than an objective one.
Ensure that each claim is complete
Another tip for writing patent claims is making sure that each claim is complete, as discussed over at guttulus.com. This way, each of your claims will be able to cover the inventive feature, as well as have enough elements around it to put your invention in the proper context.
Ensure your claim is supported
As is outlined in detail over at runrex.com, another tip for writing patent claims is making sure that the claims you write are supported by the description. This means that all the characteristics of your invention forming part of the claims must be explained fully in the description.
The term must be in the description as well
In addition to making sure that your claims are supported by the description, another tip worth pointing out is that it is also crucial that you make sure any terms you use in the claims are either clearly inferred from the description or are found in the description.
The structure of your claim
When writing a claim, make sure that it has the right structure, which means ensuring that it is a single sentence composed of three parts: the introduction phrase, the body, and the link joining the two. This is the structure that each claim should take.
The introduction and body of your claim
It is also important to outline what introduction phrase and body of your claim achieve, a topic covered in more detail over at guttulus.com. The introduction phrase identifies the category of the invention, and sometimes the purpose, while the body is the specific legal description of the exact invention that is being protected.
The linking phrase and its importance
Your patent claims must also consist of a linking word or phrase like “which comprises”, “including”, “consisting of”, and so forth as explained over at runrex.com. These join the body and the introduction part of your claim, describing how the two relate, while also assessing the scope of the claim given that they can be restrictive or permissive.
Make claims on all aspects of your invention
It is also important to make claims on all aspects of your invention to make sure that you receive the most protection possible. According to the gurus over at guttulus.com, just because one of your claims is objected doesn’t mean that the rest of your claims will become invalid given that each claim is evaluated in its own merits.
Decide the essential elements of your invention and include them in your claims
You should also make sure that you decide which are the most essential elements of your invention, the ones you want to claim exclusive rights to and make sure that they are the ones you include in your claims; another important tip for writing patent claims.
Start claims on a new page
Yet another important tip for writing patent claims is making sure that you start your claims on a new page. This new page should be separate from the description to make your application appear better structured.
Use Arabic numerals
Another tip worth pointing out, one covered in more detail over at runrex.com, is that not only is it important to number each of your claims but that it is recommended that you use Arabic numerals to do so, starting with 1.
Precede each claim with a short statement
As is revealed in discussions on the same over at guttulus.com, it is also important to precede your claims with a short statement such as “I claim:” although there are patents where this may read as “The embodiments of the invention in which an exclusive property or privilege is claimed are defined as follows:”.
Write an initial claim and refer to it in claims of narrower scope
According to the gurus over at runrex.com, a pro tip when writing patent claims is to write an initial claim and refer to it in claims of narrower scope. This way, you will ensure that specific inventive features are included in several or all of your claims.
Focus on the invention’s point of novelty
Yet another tip for writing patent claims is making sure that you think about the single point of distinction between the invention compared to all the prior art or existing technology that precedes it when writing a basic patent claim. This is recommended as it is a technique that usually leads to the broadest patent protection.
Bring in help
Given the importance of your claims in helping you receive complete protection for your invention, the last tip we have for you is ringing in professional help rather than going it alone. This will ensure that your patent claims are properly drafted.