If your invention is ever infringed upon, the patent claims will determine whether or not infringement has occurred. It is the patent claims that outline the boundaries of any invention. The exact wording and phrasing chosen in your claims specifically draw out the limits of your invention.
There is a specific language that must be used when attempting to draft patent claims. Unfortunately, without having skill in this area, you're likely to be in for a frustrating experience. Therefore, it is highly recommended that you seek the help of an experienced patent attorney or patent agent when drafting patent claims.
The claims must be clear, complete and supported by the application's description. The point of your patent application should be to describe exactly what has been invented so that anyone may create and use your invention. The claims should state exactly how to do this in clear and specific language avoiding speculation and generalities. The patent application will also include a description which must support what is stated in the claims. The two must match. The description can be used to expand upon the claims.
In addition to being clear, complete and supported by the description, patent claims must be written to be either broad or narrow. Claims are typically drafted so as the broad claims are written first and are narrowed down in scope by additional claims similar to an outline format.
Patent claims must be written in sentence format with an introduction, body and a link joining the two pieces together. The following list provides you with a few commonly used linking words and phrases:
- Including
- Which comprises
- Consisting of
The linking words are important as they help determine the scope of the claim. The introduction must identify the invention (or a component of it). The claim body will be the exact legal description of what is being protected.
