Without claims, a patent will be like a boat without a rudder. Claims provide some exclusive rights or scopes of protection to the inventor or patent holder. Phrasing or wording sense of claims is responsible for giving a defined legal protection to the patent holders. Valuable claims also help in stopping the infringing activities of other competitors or third parties.
Tips for claims writing
1. Systematic order of claim writing
- Independent claim should be write first. And, it should have broad scope of protection.
- After writing the independent claim, dependent claims should have to write in a well delineated manner, so that all limitations of independent claim can be covered aptly.
2. Clear and crisp in meaning
- Claim sentences should be clear and crisp. Because, these sentences are responsible for defining more transparent and valuable meanings of the claims.
- Try to avoid the use of those words that have broad meaning or not having a defined limitation. For example, "heavy", "large", "used in large extant", "mostly required" etc. Because, they have subjective idea or sense in their meaning, not to an objective judgment.
3. Fully structured and having all elements
- All necessary elements or words should be present in a claim means it must not be incomplete.
- It should cover all inventive features, embodiments, technical applications of invention as well as scopes of protection.
- Each claim should be written in single sentence.
- Introductory phrase part, linking part and body of the claim part all should be arranged in a well delineated manner.
4. Fully supported by description part
- The basis of claim writing should be sufficiently mentioned in the description part of patent application.
- Each part or term i.e. mentioned in claims should be directly or indirectly inferred from the description part of the patent application. Sometimes, when claims are not supported by the description part, then the chances of cancellation during patent office examining gets increase.
5. Use of best suited phrases and words
- In introductory part, we generally write about the field or type of invention.
- In body part, inventive features should be written in association with valid legal scopes of invention.
- As we know that linking words or phrases are used to describe the relation between introductory part and body part.
- Some famed phrases or words those are generally used in linking part mentioned below
a. "consisting of" b. "consisting essentially of" c. "including" d. "which comprises".
Gene Patenting Fact Software Patent Infringement Strategies Why Can Patents Be Granted for Multiple Similar Inventions? Using Archived Software Products As an Intellectual Property Portfolio Patent Riches Through Licensing
0 comments:
Post a Comment