How to write an independent patent claim

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How to write an independent patent claim

Any patent, or patent application, contains a variety of different sections that contain different information. Generally speaking, a patent is divided into a specification, drawings and patent claims. Only the patent claims define the exclusive right granted to the patent applicant; the rest of the patent is there to facilitate understanding of the claimed invention.

Therefore, patent claims are in many respects the most important part of the patent application because it is the claims that define the invention for which the Patent Office has granted protection. The portion of the application in which he or she does this forms the claim or claims.

Like most statutes, Title 35 is not very specific with respect to the details regarding implementation of its directives. Notice that 35 USC only states that a claim is necessary, but does not provide any information on the structure or format of the claim or claims.

It is, therefore, necessary to turn to Title 37 of the CFR to expand upon what is actually required. The basic section that deals with claim requirements is 37 CFR 1.

Claims and Scope of Patent Coverage

Team up with Enhance to bring your invention to life and get it to market! Original Claims It is necessary to include a full and complete description of the invention in the initial filing with the Patent Office. Rearranging of an application is always allowed, but the addition of new material is never allowed.

In determining the breadth of what is covered by the initial filing the applicant may rely on the description contained in the specification, any drawings filed and the originally filed claims.

While patent claims can always be added to an application if the original disclosure as filed will support the claims, it is exceptionally dangerous to file a patent application without drawings.

Drawings are almost always going to be required, and adding drawings later will be difficult if not completely impossible because drawings invariably convey more than the textual description of the drawings.

Claim for an Automobile:

Having said this, it is advisable to file non-provisional patent applications with claims. Those claims filed with a non-provisional patent application are original claims. These original claims can support themselves, meaning claims are considered a part of the larger, overall disclosure.

Having claims present at the time of filing helps ensure that at least what you are claiming has sufficiently been disclosed in the patent application. Originally filed claims need not be exhaustive.

Through prosecution patent claims can be amended and even added, provided of course the initial disclosure is broad enough to cover the added or amended matter. Therefore, when drafting a patent application it is good practice to spend time drafting quality claims.

Do not simply rely upon your ability to add claims later because invariably you will wind up wanting to at some point add claims or elements thereof that are not described in the specification. Include enough claims with the initial filing to cover the invention and important variations.

Form of Claims The claim or claims must commence on a separate sheet and should appear after the detailed description of the invention.

Each claim must begin with a capital letter and end with a period. Periods may not be used elsewhere in the claims except for abbreviations. What this means is that each claim can be only one sentence.

how to write an independent patent claim

This is true regardless of how tortured the sentence structure is and how incomprehensible the sentence may be to those not trained in patent claim drafting. Where a claim sets forth a plurality of elements or steps, each element or step of the claim can be separated by a line indentation.

Reference characters corresponding to elements recited in the detailed description and the drawings may be used in conjunction with the recitation of the same element or group of elements in the claims.

The reference characters, however, should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. All dependent claims should be grouped together with the claim or claims to which they refer to the extent practicable.

Similarly, product and process claims should be separately grouped. Such arrangements are for the purpose of facilitating classification and examination. Failure to arrange claims in the desired sequence is certainly not fatal. The examiner who sees an inappropriate arrangement will issue an objection.

Objections are issued as to form and do not relate to the substantive patentability requirements. The practical difference between a rejection and an objection is that a rejection, involving the merits of the claim, is subject to review by the Patent Trial and Appeals Board, while an objection, if persistent, may be reviewed only by way of petition to the Commissioner.

If the rejection and objection are for the same reason an appeal can be taken to the Board. Independent Claims An independent claim is a stand alone claim that contains a preamble and all of the elements necessary to define the invention.

There are three types of independent claims: A headgear apparatus to be worn by a user comprising:Patent Application Tips Tips on writing patent claims for a patent application.

Share Flipboard Email Example of a Patent Claim One way of ensuring that specific inventive features are included in several or all claims is to write an initial claim and refer to it in claims of narrower scope.

vulnerable the patent claim may be to attack – Have detailed claims in your patent because you will get discovery necessary to prove infringement – Always want to approach the invention from different vantage points.

9 1. Consider How Infringement Will Be Proven. Independent and Dependent Patent Claims Patent are usually made up of independent and dependent claims. One claim is stated as broadly as possible (the “independent claim”) and then followed successively with narrower claims designed to specifically recite possible variations (“dependent claims”).

Claims are numbered sequentially, with claim 1 usually being the broadest claim in the patent (but not always), and the sub-parts of a claim are often identified by an outline letter or number..

Claims are of two basic types: Independent and Dependent. Understanding Patent Claims. By Gene Quinn July 12, which is the only independent claim in this patent, reads: How to Write a Patent Application;. Benny July 13, am. Max, As we know, examiners often reject the first independent claim but concede that a combination of dependent and independent claims would be patent eligible.

Sample Patent Claims for Common Inventions |