Drafting a Patent Claim? Avoid These Common Pitfalls
Everyone knows that drafting a patent registration application is a complex process that involves various critical components. If you ask patent registration agents in the UAE about the most crucial element of a patent draft, the answer will be ‘claims’. Errors in a patent claim draft may endanger your application for patent registration in the UAE.
Claims define a patent holder’s monopoly over the invention. Claims inform others about the boundaries or limits of the monopoly held by the patent holder during the life span of the patent. Patent claims help other parties to understand what features of the patented invention can / can’t be used without a license. This is why you must take care to avoid even the slightest mistake while drafting patent claims in the UAE.
In light of this, the following blog provides insights on some of the common patent claim drafting pitfalls you must avoid.
Violations of Claim Grammar
You must strictly follow all of the grammar rules you have learned in elementary school. You must refresh your understanding of basic elements of grammar including spelling, agreement of subject and verb, singulars and plurals, etc. However, apart from that, you need to adhere to the special rules of patent claim grammar.
A claim is a sentence starting with a capital letter and ending with a period. Furthermore, those should be the only capital letters or periods in the claim. For instance, consider the following claims:
- A gadget comprising a power supply, a headlamp and a flasher connecting the power supply to the headlamp. (Right)
- A gadget. It has a Power supply and a Headlamp. A Flasher connects the power supply and headlamp. (Wrong because it has three sentences and multiple capital letters)
Claiming a Result
This is a common pitfall most inventors are prone to commit often. Many inventors find it hard to conceive the idea that they are not allowed to claim a result. It happens because most inventors have the result in mind when they made the invention. However, they fail to realise that it’s the invention that gets protected through a patent and not the result. You can claim a patent for the invention and not for the result the invention achieved.
Using Trademarks in Claims
You must use generic names in the claims and not the trademarks. Trademarks merely represent a particular product or service and not the description of the product. The product made under the particular trademark may change eventually but the generic description will remain the same. Patent agents in Dubai can guide you on this requirement.
You may have learnt in school not to use the same word repeatedly while writing an essay or an article. However, you are required to abandon this basic rule of grammar while writing a patent claim. For a successful patent registration in the UAE, you must use the same word to refer to the same thing. Using synonyms may be considered inconsistent terminology, which will never please a patent examiner.
Too Little Detail in Claims
Inventors must ensure that they have not left anything out of the claim, which is essential to distinguish the claim from the prior art. You must include every necessary part of your invention, which makes the invention new.
Too Much Detail in Claims
We have already said too few details pose a risk to patent claim drafts. However, including too many details also put patent claims at risk. You must check each word in the claim and ask whether it is necessary to describe the invention. Unnecessary details must be omitted to make the patent claim draft effective. Consult with patent agents in Dubai to gain further insights.
Seek the Help of the Best Patent Agents in Dubai, UAE
Patent claims represent the core of patent applications. That is why drafting patent claims require a robust strategy in place. While initiating patent registration in the UAE, error-ridden patent claims will put your application at risk. A well-drafted patent claim is essential to adequately define the scope of protection provided to an invention. This is why you must seek advice from patent agents in Dubai such as Jitendra Intellectual Property (JIP) before drafting the claim. JIP’s patent services in the UAE are designed to deliver end-to-end patent drafting support to inventors and businesses. JIP’s experienced team of patent agents in the UAE can ensure the broadest possible coverage to prevent third parties from circumventing claims of a patent application.