Everything Inventors Need to Know About Patent Claims
Claims are the heart of a patent application as they clearly define the scope of a patent. However, claims are the least understood part of a patent draft even though it matters the most. Therefore it is advisable to seek the help of patent agents in the UAE to understand claims before filing a patent application. Drafting the perfect patent claims can influence the granting of patents in the UAE or any other jurisdiction.
The claims describe what the patent cover and what it doesn’t cover. It means the patentee can exclude others from making using or selling only those things described in the patent claims. Furthermore, understanding the claims is essential to determine whether a product or process in question infringes the patent. Failing to properly draft a Patent Claim may even lead to rejection of the patent grant. Keep reading to understand everything you must know about patent claims:
Position of a Claim in a Patent Draft
You can locate the Patent Claims at the end of the patent draft. It comes immediately after the written description (specification) of the invention. The Claims are usually written as separately numbered paragraphs in a single-sentence format. The first claim of a patent is always numbered 1 and each claim follows an ascending numerical sequence.
How Many Claims Should a Patent Have?
Most inventors include about 10 to 20 claims as a patent with more number of claims is likely to withstand challenges in an adverse situation. However, you can also file a patent with only one claim as well. Consult with patent agents in the UAE to determine how many claims your patent should have.
What are the Parts of a Patent Claim?
A patent claim is typically made of three integral elements: a preamble, the transitional phrase (or word), and the body. Patent agents in the UAE can help inventors draft, read and understand each of these parts. Now let us analyse each constituent part of a claim individually:
1. The Preamble
The preamble sets forth the category or the general technical environment of the invention. For example, the patent claim for a device will have the preamble like ‘A device for…”. If the invention is the innovative washing machine, the preamble will start like “A washing machine…”
2. Transitional Phrase or Word
The Transitional Phrase or Word forms the next part of the claim, which comes between the Preamble and the Body. Transitional phrases are connecting phrases or words that establish the relationship between the preamble and the body. Frequently used Transitional Phrases or Words are “comprising of” and “consisting of.”
The phrase “comprising” is an open-ended phrase that simply conveys the meaning of “including the following elements but not excluding others.” In contrast, “consisting of” is a closed term that implies a more specific and narrower claim. Consult with patent agents in the UAE to effectively draft transitional phrases or words in a patent claim.
3. The Body
The Body of a Patent Claim comes after the transitional phrase and sets forth the major elements of the combination. It is at this part that the invention is specifically claimed. The Body of the claim explains in detail the novel aspects of the invention. The Body also lists the various parts of the invention and establishes the connection between them. Along with that, the Body describes the relationship between all the elements of the Patent Claim. Moreover, the structure of the Body hinges upon the invention’s nature.
Independent and Dependent Claims
There are two types of Patent Claims: Independent and Dependent Claims. Independent Claims stand alone and you don’t need to read them with other claims to interpret them. In contrast, Dependent Claims must be read along with the claim on which it depends. For example, a Patent Claim that reads “The machine of Claim 1,” is a dependent claim that includes all of the limitations of the claim or claims from which it depends.
Essential Functions of a Patent Claim
A patent claim has to expressly state and claim the subject matter, which is the invention. Inventors should mandatorily include a specification and at least one patent claim. Once the patent is granted, the specification and one or more patent claims will be made publicly available. Claims are integral to a patent owing to their multiple functions. Two of the most important functions of a patent claim are given below:
1. Public Dissemination of Information
The Patent Claim disseminates information to the public about the invention you seek to protect. Most IP experts, regulators, and courts recognise the positive role of patent claims in informing the public of the subject matter protected by the patent.
2. Defining Patent Scope
Another critical function of the patent claim is to define the scope of the exclusive right granted. It means the claim defines the invention that the patent is bound to protect. The Patent Claim lets others know the patent’s specific scope of exclusivity.
Consult with the Best Patent Agents in the UAE
Patent claims are considered the most crucial part of a patent application that most inventors fail to understand. However, reading and understanding the Patent Claims become easier with the help of the best patent agents in the UAE such as Jitendra Intellectual Property (JIP). JIP can he;p the inventors navigate the complex task of drafting a patent claim. Our exclusive patent registration services in Dubai are the key to avoiding the rejection of patents as we can help you draft the patent claims accurately.