Copyright granted to inventions is called a patent, which is an exclusive right for a specific time frame given by the state to the patent owner in return for disclosing one‘s invention.
Claims are the segments of a patent that measure the extent of patent rights. Many questions were asked regarding this issue in the legaMart community. Patent claims assist as the legal justification for patentability. A patent claim’s purpose in an invention is to determine the scope of what is claimed as the invention.
The purpose of a patent claim is to determine the scope of what is claimed as the invention. Having been granted, a patent application determines the scope of intellectual property rights provided by the patent.
Categories of Patent Claims
These kinds of claims are also known as ‘unattached’ claims.
To be more clear, it explains that they make no reference to or relate to any other claim. A preamble, as well as all the elements required to establish and describe the invention, are included in independent claims.
The initial claim is an independent claim, which has been divided into three types as follows:
- Demand for something
- Claim for a method of producing something
- Claim for a method of doing something
Dependent claims limit their scope though they may include numerous different non-essential attributes, as well as relatively insignificant characteristics and entirely voluntary features which are not defined in the independent claim.
Considerations When Writing Your Claims
There are three criteria to be followed while writing a claim: they must be transparent, complete, and fully endorsed. Every claim needs to be in one sentence, regardless of how long or short it is.
How Many Claims Are Allowed in a Patent?
The patent claims must include:
- A balance of wide and narrow claims, with different degrees of width in between.
- Multiple claims define the same subject in different ways.
- Claims for procedures, systems, and devices.
Experts recommend using a variety of claims in the patent applications; However, the number of claims one uses will ultimately be determined by the innovation you’re patenting and your available resources. You can consult a certified patent consultant for assistance in LegaMart advocacy.
Example of Patent Claims
A real-life example of a Tesla Motors claim
“A thermal management system for battery packs, comprising: a manifold; a plurality of temperature monitoring devices attached to a plurality of cells of the battery packs; a battery monitor board connected to said temperature monitoring devices; a plurality of cooling tubes connected to the said manifold; a tube seal plug arranged over an end of the said cooling tube; and an end fitting arranged on said end of the said cooling tube.”
Pharmaceuticals
Preparing a wet granulation in which a compound of the formula; ##ABC10##, wherein X is a number ranging from about zero to five, and the individual optical isomers thereof, a diluent, and an inert gas are mixed with a solution of a binding agent; screening the wet granulation, drying the wet granulation, and screening the dry granulation.
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