The Patent Claim
Patent Claims are the part of a patent specification that defines the scope of a patent. If you wish to determine what a patent covers, and what it does not, you need to look at the claims.
The claims may be directed to an article, a method, a process, the results of a method or process, and sometimes other things. A patent may include claims directed to one or more of these.
Essentially a patent claim is a piece of written text describing the boundaries of what is protected. At the heart of any claim is a checklist of features identifying what something must possess in order to infringe.
Depending how the claim is written, this list of features may be quite clear, or require some skill to interpret. The role of the patent attorney is to obtain the broadest allowable protection for, and surrounding, their client's invention - which usually comprises what has been invented, less what is already known or obvious. This can stretch the limits of written language to achieve - while a gold-miner can simply draw lines on a map around a complicated claim, patents have to rely on words to draw a line around what infringes and what doesn't.
The content of the claims MUST be based on what is written in the patent specification, and we have already stressed the importance of ensuring your patent specification is well drafted - you can't pull rabbits out of a hat at a later date.
Patent claims are both technical and legal documents. They MUST be well drafted or you end up with a situation where your invention is not protected, or it is too easy to circumvent the patent claims. Claim drafting is a particularly specialised skill, and the domain of patent attorneys.
Good claims are the result of collaboration between a patent attorney and their client. In military terms we can say that the client is responsible for identifying the target, and the attorney ensures the shell lands on the mark.
Which places some responsibility on the client. So, what do you, as a patent applicant, need to do to ensure you have the best possible patent claims.
Remember, patents are a business tool. Their role is to provide advantage and opportunities to your business. Patents can be used offensively to block progress by competitors, and defensively to protect the area around your invention and technology. Further, the patent process takes time, which means your objectives can change also as the market changes or responds to your activity - having a lengthy patent process can be advantageous here, as it allows you to fine tune (within the limits of what is included in your patent specification) your patent claims to adapt to these changes.
Often, during examination, new prior art (previously known subject matter) might arise which requires you to limit the scope of your patent claims. Sometimes they may only be amended in a way which focuses on one of two primary aspects of your invention. Your attorney will then ask you whether you wish to focus on one aspect (which can leave some variations of your invention focusing on another aspect vulnerable) or the other, or invest in the expense of protecting both (which is sometimes an option). Your response is a business decision - which option is going to fulfil your business objectives, now and in the future.
It is therefore important that you know where your business is, and is heading, to ensure your patent claims remain on target.
Patent Claims are the part of a patent specification that defines the scope of a patent. If you wish to determine what a patent covers, and what it does not, you need to look at the claims.
The claims may be directed to an article, a method, a process, the results of a method or process, and sometimes other things. A patent may include claims directed to one or more of these.
Essentially a patent claim is a piece of written text describing the boundaries of what is protected. At the heart of any claim is a checklist of features identifying what something must possess in order to infringe.
Depending how the claim is written, this list of features may be quite clear, or require some skill to interpret. The role of the patent attorney is to obtain the broadest allowable protection for, and surrounding, their client's invention - which usually comprises what has been invented, less what is already known or obvious. This can stretch the limits of written language to achieve - while a gold-miner can simply draw lines on a map around a complicated claim, patents have to rely on words to draw a line around what infringes and what doesn't.
The content of the claims MUST be based on what is written in the patent specification, and we have already stressed the importance of ensuring your patent specification is well drafted - you can't pull rabbits out of a hat at a later date.
Patent claims are both technical and legal documents. They MUST be well drafted or you end up with a situation where your invention is not protected, or it is too easy to circumvent the patent claims. Claim drafting is a particularly specialised skill, and the domain of patent attorneys.
Good claims are the result of collaboration between a patent attorney and their client. In military terms we can say that the client is responsible for identifying the target, and the attorney ensures the shell lands on the mark.
Which places some responsibility on the client. So, what do you, as a patent applicant, need to do to ensure you have the best possible patent claims.
Remember, patents are a business tool. Their role is to provide advantage and opportunities to your business. Patents can be used offensively to block progress by competitors, and defensively to protect the area around your invention and technology. Further, the patent process takes time, which means your objectives can change also as the market changes or responds to your activity - having a lengthy patent process can be advantageous here, as it allows you to fine tune (within the limits of what is included in your patent specification) your patent claims to adapt to these changes.
Often, during examination, new prior art (previously known subject matter) might arise which requires you to limit the scope of your patent claims. Sometimes they may only be amended in a way which focuses on one of two primary aspects of your invention. Your attorney will then ask you whether you wish to focus on one aspect (which can leave some variations of your invention focusing on another aspect vulnerable) or the other, or invest in the expense of protecting both (which is sometimes an option). Your response is a business decision - which option is going to fulfil your business objectives, now and in the future.
It is therefore important that you know where your business is, and is heading, to ensure your patent claims remain on target.
Patent claims are essentially a check list of features identifying what will, and will not, infringe your patent.
Patent claims can change while a patent application is pending, which can be used to significant advantage to deter competitors.
Patent claims must be limited in scope to what is described within the patent specification - which emphasises the need for a well drafted specification.
Your attorney targets the claims where you need them to be - it is up to you to ensure that you have correctly identified where the target is; a purely business decision as to what best advantages your business objectives.
Patent claims can change while a patent application is pending, which can be used to significant advantage to deter competitors.
Patent claims must be limited in scope to what is described within the patent specification - which emphasises the need for a well drafted specification.
Your attorney targets the claims where you need them to be - it is up to you to ensure that you have correctly identified where the target is; a purely business decision as to what best advantages your business objectives.