Patents are a form of intellectual property and are governed by intellectual property laws. Patent claims are the most important part of the patent application. They are statements that describe in detail exactly what your invention covers. When you write your patent claims you are effectively "claiming" the material in the claims as your own. The claims determine whether your invention is patentable and determine the scope of protection your patent will give you.
The patent claims must list your invention's structural elements (for a product) or steps (for a process). Your claims should distinctly claim the elements that you believe make up your invention.
There is no particular format required for patent claims but most claims have a preamble, a transition phrase, and a body:
When you make your claims, you have to balance the desire to get as much protection as possible with the need to get a valid patent.
Patent law allows two special kinds of claims.
Because patent claims are so important to the patent process, you should probably consult with an intellectual property attorney to make sure your claims adequately protect your invention without being overly broad. An experienced patent attorney will be able to draft patent claims that will maximize the scope of your patent.
Last Modified: 06-25-2018 02:02 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.