Drafting of Claims
Claims constitute the most crucial and important part of a patent. These define the limits of patent protection. By reading the claims of a Patent one can understand the invention accordingly and it is on the basis of these claims that the patent office's finally determine that whether a patent is novel and non obvious and has the other essentials required for an invention to be patent. Thus the words and phrases so used for drafting the claims are the ones that to a great extent determine whether Patent protection can be granted to a particular invention or not.
Due care has to be necessarily taken while drafting the claims and the claims should have only one meaning. The meaning which is so derived from the words must be neither too broad nor narrow but the usage of the words must be justified and the words must adequately describe the patent.
Drafting patent claims is very important as it is the key that determines whether an invention is patentable or not. Claims are concise descriptions of the matter of the invention without any unwanted information. The main purpose of the claim is to protect the invention to maximum extent. Claims differentiate the invention from past inventions and thereby affirm the novelty of the proposed invention. Each claim should first define the invention by demonstrating the background prior art after which the characteristic features of the invention is explained in connection with the prior art features it desires to protect. Claims should be of single sentence composed of three parts: the introductory phrase, the body of the claim, and the link that connects the two. The introductory phrase recognizes the category of the invention. The body of the claim is the definite legal explanation of the patentable invention. Claims should be clear, complete and supported. A plurality of claims is permissible in a patent specification whereas only one claim is acceptable in a utility innovation specification. The claims of a patent specification must relate to the same invention. A patent claim shall mention a class or general category to which the invention suits, elements of invention with their function, elements in connection with the element for function. Class can be as broad or narrow as wished. It is based on the class mentioned, the examiner's patentability search is limited or the range of products that is covered under the claim is determined. An element is the structural basic that creates the invention and can be physical like components, parts, and pieces or non-physical like holes, images, and light rays. As many number of elements that provide novelty and non-obviousness over the prior art can be explained in a claim. In a well drafted claim, all elements are interconnected by way of connections. A description of the function of the elements and connection between elements helps in clarifying the claim. If an element is considered as patentable in its own right, then a claim should be drafted for that element alone. Such a claim could be presented in the same patent application, a continuation or divisional application, or a completely separate application.
If anyone ever infringes on your invention then it is the patent claims which would further help, and support you in your case as it is the claims which determine the bounds and limits of any invention. The words and phrases so used in the drafting the claims are very crucial aspects. Specific language is to be used for patent drafting and if the language of the claims is ambiguous then the protection granted for the same would not be complete either. It is always better to take the help of an experienced patent attorney for drafting the claims of the patent. Our team of experienced attorney's work round the clock to make sure that your invention is well protected and there are no loopholes in the same.