Patent claim is an important part as it defines the scope of what is covered. In this Article we shall understand the basic components of patent claim.
What is a Patent Claim?
A patent claims sets the limit of what is covered in the invention and defines the invention. Thus the main purpose of patent claim is to decide what is covered for patent registration and what is not covered. For this reason a notice should be served to the public describing the scope of the patented invention. Each patent claim must be written as a single sentence. Whereas there is no statutory requirement for claims to take any particular forms.
What components are a Patent claim?
The claim has three sections i.e. the Preamble, the Transition and the Body.
Preamble- The Preamble is the introductory phase in the claim. It often provides context for what is claimed and sometimes explains the potential use of the invention. The USPTO and courts will determine whether the preamble is limiting on a case by case basis in light of all overall form of the claim, the specification and the prosecution history of the patent.
Transition- The transitional phrase will decide whether the claim is open, closed or partially open.
Body- The body of the claim follows the transition and recites the features that define the subject matter covered by the claim i.e. the invention. The elements that are to be seen in the invention is Novelty, Non-obviousness and usefulness.
What are the types of Patent Claims?
The claim is either an independent claim or a dependent claim. An Example of independent claim is-
Claim 1- A Chair comprising a seat, and plurality of legs attached to it.
Dependent Claims. A dependent claim refers to another claim, and necessarily incorporates the limitations of the claim from which it depends. A dependent claim must add further limitations to the claim from which it depends. An example of a dependent claim is:
Claim 2: The chair of claim 1, wherein the plurality of legs comprises four legs.
What are the statutory classes for Patent Claims?
As per patent law, a patent is limited to a process, machine, manufacturer or a composition of matter. In practice this means that claims should be one of these claims.
Process- A possess defines the series of methods through which a palette could get a patent. In other words a claim can define the claimed invention by a series of steps of using a specific structure, such as an object or an apparatus, even if the structure is already known in the prior art.
Apparatus- An apparatus claim defines the invention by its physical or structural components and their relationship. An apparatus can also include languages that describe the components of the invention.
Article of Manufacture- an article of manufacture defines the invention as an object.
Composition- A Composition claim defines the composition of the invention.
Conclusion
Different kinds of claims may cover different infringers. Therefore, it is important to take advice from a legal expert to avoid infringing on patent registration or invention.
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