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Vitality of Claims

admin 18th, September, 2018
Vitality of Claims

Before reading this article you must be familiar with the term patent. In brief a patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. Now when you know what patent is, let’s dig deeper into it.

The paramount part of a whole patent document is its CLAIMS!

What is a Claim?

A Claim in a patent defines its scope i.e. the area of protection (right to exclude everyone or to solely have right on claimed technology) a patent gets or it can be define as the bounds of what the inventor is claiming as their invention. Claims are the most critical part of a patent as all the prosecutions and litigations are mainly done on claims only. Claims lead a patent. If a patent is a championship belt, then Claims is no doubt the heavy-weight that keeps throwing knock-out blows.
“If patent is body, claim is its soul!”

How to Identify a Claim?

  • Claims are written as a single sentence.
  • A claim starts with an identifier i.e. “Claim 1”.
  • Claims are heavily punctuated (, : ; .).
  • [“,” Is used after preamble.
    “:” is used after transitional phase.
    “;” is used to separate paragraphs within the body.
    “.” Is used to end the claim.]

  • Claims happen to occur in the end of a granted patent or a patent application.

Parts of Claim

Let’s look into it with an example:

An apparatus, comprising:

a plurality of printed pages;
a binding configured to hold the printed pages
together;and
a cover attached to the binding.

Where:

The preamble, which tells category and objective of invention.

Transitional Phrase, which joins preamble with body.

The Body, which tells what the invention is in a proper sentence.

Types of Transitions

Role of Transitional Phrases

Transitional phrases are the key of drafting a patent. Let’s see how this key is going to work for you.

CLOSE
  • Narrowest
  • e.g. comprising of, including, consisting of, et cetera.
  • Least monetary benifits
  • Less vulnurable to litigation
OPEN
  • Broadest
  • e.g. comprises, consists, et cetera.
  • Greatest monetary benifits
  • More vulnurable to litigation
HYBRID
  • Midway
  • e.g. consisting essentially of, et cetera.
  • Moderate monetary benifits
  • Moderately vulnurable to litigation