How to Write a Well Drafted Patent Claim?

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Intellilocus IP Services
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What are Patent Claims?

• Patent claims are the parts of the patents which
  set the boundaries of patent protection. They set
  a protective boundary to your patent which
  protects from infringement.
• They offer territorial rights to the owner so
  that others cannot make, sell, use or import the
  subject matter of the patent. Novelty is
  important for an invention to be patented
• Features
• Term is 20 years from filing of application
• It is an examination and not a registration
  process
• Most expensive IP right to obtain
• Subject matter of the invention defines whether
  it can be patented
• Ownership is natural, arising from production

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Desired Characteristics of a Patent Claim
Clear Claim should not have ambiguity and make
an objective observation and not a subjective
observation Complete Claim should be exhaustive
and include all features of the
invention. Supported The claims should be
accompanied with descriptions of the invention
which form a part of the claims. Any terms
included in the claim should be a part of the
description.
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Structure of a Claim

• A claim is a sentence which includes three parts
  namely
• The introductory phrase
• Body
• And the link which connects the two
• Introductory phase It generally starts with I/
  we claim
• Body The body gives the specific description
  related to the invention which is being protected
• Linking word The linking word assesses the scope
  of the claim

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What is Prior ART?

• Prior art is the technical and the scientific
  knowledge that is in existence even before the
  effective date of patent application. Prior art
  search is an organized review of public
  documents. Examples of prior art are patents,
  technical publications, conference paper,
  brochures etc.
• Prior Art search is done through
• Key word search- Key word search begins by
  defining all possible words that can describe
  ones invention
• Field search- The results obtained through key
  word search are refined through the field search.
  Results are narrowed down through field search

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Features of a Well Drafted Patent Claims
Language One should have a good command over
language to draft effective patent claims. Words
should be carefully measured and comprehensive in
their meaning Infringement can be easily proved
Even before a court case is filed, infringement
can be easily established
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