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Patent Drafting

A patent claim is a crucial part of a patent specification that legally defines the boundaries of an invention, detailing what others cannot make, use, or sell. There are two types of claims: independent claims, which stand alone and outline the essential elements of the invention, and dependent claims, which rely on independent claims and add further details. Each claim consists of three elements: a preamble, a transitional phrase, and a body that describes the invention's structure or method.

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Sarada KR
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47 views12 pages

Patent Drafting

A patent claim is a crucial part of a patent specification that legally defines the boundaries of an invention, detailing what others cannot make, use, or sell. There are two types of claims: independent claims, which stand alone and outline the essential elements of the invention, and dependent claims, which rely on independent claims and add further details. Each claim consists of three elements: a preamble, a transitional phrase, and a body that describes the invention's structure or method.

Uploaded by

Sarada KR
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

PATENT

DRAFTING
PRESENTATION
WHAT IS A PATENT CLAIM?
• A patent claim is a part
of a patent specification
• A patent claim is the
most important part of a
patent specification
• A patent claim is a
legally enforceable
statement that defines
the boundaries of an
invention
• A patent claim clarifies
what others are
prohibited from making,
using, selling, or
TYPES OF PATENT CLAIMS:
• Claims in a patent specification
are specifically divided into two
types:
• Independent claim
• Dependent claim
INDEPENDENT CLAIM:
• An independent claim OUTLINES WHAT THE INVENTOR
SEEKS TO PROTECT IN THE PATENT APPLICATION
• AN INDEPENDENT CLAIM DEFINES AN INVENTION'S
ESSENTIAL ELEMENTS, FEATURES, OR STEPS IN A
COMPREHENSIVE AND SELF-SUFFICIENT MANNER
• AN INDEPENDENT CLAIM IS A STAND ALONE CLAIM
DEPENDENT CLAIMS:
* A DEPENDENT CLAIM RELIES ON THE
SUPPORT OF AN INDEPENDENT CLAIM
* THE DEPENDENT CLAIMS FURTHER
NARROW DOWN THE INDEPENDENT
CLAIM BY ADDING ADDITIONAL
ELEMENTS, FEATURES, OR LIMITATIONS
* THE DEPENDENT CLAIMS SERVE TO
PROVIDE FALLBACK POSITIONS OR
ALTERNATIVES IF THE BROADER SCOPE
OF THE INDEPENDENT CLAIM IS NOT
Example
of Claims

1. An apparatus for cleaning teeth


comprising:
a handle;
a head attached to a handle; and
a plurality of bristles attached to the head,
wherein the plurality of bristles are arranged
in a pattern for brushing teeth.
[Link] apparatus as claimed in claim 1,
wherein the handle includes a non-slip grip
surface.
[Link] apparatus as claimed in claim 1,
wherein the head includes a scraping surface
CHARACTERISTICS OF
PATENT [Link]
AN APPARATUS FOR CLEANING TEETH
COMPRISING:
a handle;
a head attached to a handle; and
a plurality of bristles attached to the head, wherein
the plurality of bristles are arranged in a pattern for
brushing teeth.
• A claim is written as a single sentence
• An independent claim is a heavily punctuated
sentence
• The claims starts with 1/We claim
E LE M E N T S
• Every patent claim include 3
elements:
• Preamble
• Transitional phrase
• Body
PREAMBL
E
The preamble identifies the category of the
invention e.g., an apparatus, device, article,
composition, a method or process.
1. An apparatus for cleaning teeth
comprising:
a handle;
a head attached to a handle; and
a plurality of bristles attached to the head,
wherein the plurality of bristles are arranged
in a pattern for brushing teeth.
body
• The body of a claim includes various types of
claim elements, depending on the nature of
the invention
• These elements may describe the structure,
composition, method steps, or functional
aspects of the invention.
1. An apparatus for cleaning teeth comprising:
a handle;
a head attached to a handle; and
a plurality of bristles attached to the head, wherein
the plurality of bristles are arranged in a pattern for
brushing teeth.
Transitional
phase
The transitional phrase is a term used to
connect the preamble and the body of the
patent claim
1. An apparatus for cleaning teeth
comprising:
a handle;
a head attached to a handle; and
a plurality of bristles attached to the head,
wherein the plurality of bristles are arranged
in a pattern for brushing teeth.
T H ANK
YOU

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