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Claims
are the parts of a patent which define the boundaries of patent protection.
Patent claims are the legal basis for your patent protection. They form
a protective boundary line around your patent that lets others know when
they are infringing on your rights. The limits of this line are defined
by the words and phrasing of your claims.
As the claims are key to receiving
complete protection for your invention, you may wish to seek professional
help to ensure that they are properly drafted. When writing this section
you should consider the scope, characteristics, and structure of the claims.
Scope
Each claim should have only one meaning
which can be either broad or narrow, but not both at the same time. In
general a narrow claim specifies more details than a broader claim. Having
many claims, where each one is a different scope allows you to have legal
title to several aspects of your invention.
Here is an example of a broad
claim (claim 1) found in a patent for a collapsible tent frame.
Claim 8 for the same patent is narrower
in scope and focuses on a specific aspect of one element of the invention.
Try reading through the claims for this patent and notice how the section
begins with broad claims and develops towards claims that are narrower
in scope.
Characteristics
Three criteria to take note of when
drafting your claims are that they should clear, complete, and supported.
Your claim must be clear so
that you do not cause the reader to speculate about the claim. If you find
yourself using words such as "thin", "strong", "a major part", "such as",
"when required", then you are probably not being clear enough. These words
force the reader to make a subjective judgment, not an objective observation.
Each claim should be complete,
so that it covers the inventive feature and enough elements around it to
put the invention in the proper context.
The claims have to be supported
by the description. This means that all the characteristics of your invention
that form part of the claims must be fully explained in the description.
In addition, any terms you use in the claims must be either found in the
description or clearly inferred from the description.
Structure
A claim is a single sentence composed
of three parts: the introductory phrase, the body of the claim, and the
link that joins the two.
The introductory phrase identifies
the category of the invention and sometimes the purpose ( for example,
a machine for waxing paper, a composition for fertilizing soil.) The body
of the claim is the specific legal description of the exact invention which
is being protected.
The linking consists of words and
phrases such as:
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which comprises
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including
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consisting of
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consisting essentially of
Note that the linking word or phrase
describes how the body of the claim relates to the introductory phrase.
The linking words are also important in assessing the scope of the claim
as they can be restrictive or permissive in nature.
In the following example, "A data
input device" is the introductory phrase, "comprising" is the linking word,
and the rest of the claim is the body.
Example
"A data input device comprising:
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an input surface adapted to be locally
exposed to a pressure or pressure force,
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a sensor means disposed below the input
surface for detecting the position of the pressure or pressure force on
the input surface and for outputting an output signal representing said
position and,
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an evaluating means for evaluating the
output signal of the sensor means."
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Keep in
mind
Just because one of your claims is
objected to does not mean that the rest of your claims are invalid. Each
claim is evaluated on its own merit. This is why it is important to make
claims on all aspects of your invention to ensure that you receive the
most protection possible. Here are some tips on writing your claims.
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Decide which are the essential elements
of your invention that you want to claim exclusive rights to. These elements
should be the ones that distinguish your invention from known technology.
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Begin with your broadest claims and
then progress to narrower claims.
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Start claims on a new page (separate
from the description) and number each claim using Arabic numbers starting
with 1.
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Precede your claims with a short statement
such as "I claim:". In some patents this reads as "The embodiments of the
invention in which an exclusive property or privilege is claimed are defined
as follows:".
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Check to see that each claim consists
of an introduction, linking word, and body.
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. In this example
from a patent for an electrical connector, the first claim is referred
to frequently by subsequent claims. This means that all the features in
the first claim are also included in the subsequent claims. As more features
are added the claims become narrower in scope.
Next
page > Patent Abstracts
The source of this information on
writing patent claims came from the Canadian Intellectual Property Office.
The tips would also be helpful for patent applications to the USPTO or
WIPO. The CIPO is in no way affiliated with Primedia/About.
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