When preparing to file your patent application, more important than your patent search or the type of patent you’re filing for, are your claims. The claims are the crux of your invention and the deciding factor of whether or not you’ll be awarded a patent or be forced to go back to the drawing board. Curious to know what a claim is and why it’s so important? Read on.
What are Claims in a Patent Application?
Claims are the most important part of your Utility Patent. The claims section of your application is where you define the scope of your invention. Claims are statements of the unique aspects of your invention including the aspects on which your entire invention is built. Claims are what separate you from the competition. Claims are what make your invention unique. Claims are the numbered paragraphs located at the end of your patent application and a section that usually begins with “What is claimed is:”, “We claim:” or “I claim:”
Types of Claims in a Patent Application
There are generally three types of claims. Independent claims, dependent claims, and special claims. Although it is to be noted that, utility patents can include multiple claims while design and plant patents are only allowed one claim. Independent claims stand alone. There are three types of independent claims, a claim directed to the essential features of the invention, a production method claim and an alternate method of use claim. Dependent claims refer back to each other and an independent claim. It is possible to have multiple dependent claims, but this is not common.
Then there are special claims. These claims are broken down into Jepson claims or Markush groups. A Jepson claim is used when your invention improves on an older invention. Markush groups claims are used to consolidate your application when it already has too many claims
The Importance of Claims in a Patent Application
Claims help protect your intellectual property. Well-written claims give you the exclusive rights to your invention and design. They also protect you in the case that you need to prosecute a competitor for infringement. Another great feature of claims is that you can always add more or amend old claims later. However, you must have claims for your invention as they are required to get your invention patented.
The Difficult of Writing Claims for Patent Applications
Because claims are the backbone of your patent, it can be extremely difficult to write a precise, USPTO (the United States Patent and Trademark Office) approved Claim. Often times they can be too broad or too narrow. And writing claims yourself is even harder to do and not recommended. For writing strong claims it is best to consult a patent attorney in order to increase your chances for approval.
Claims are non-negotiable when filing for a patent. In short, they define the metes and bounds of your invention. Therefore, it is imperative to write them with the utmost attention to detail. Whether this means hiring a patent attorney to help you draft your claims or doing your due diligence in determining how your invention differs from earlier patents. If done right not only will the claims be the deciding factor in the approval or rejection of your patent but will keep you fully protected from competitor infringement.
Contact your Patent Attorney to learn more.
