#9: Patent Claims Demystified

Patent Claims

Claims are the parts of a patent or paten application, which define the boundaries of protection granted by the patent. Patent claims are the legal basis for your patent protection. They form a protective boundary line around your patent that lets others know when they are infringing on your rights. The limits of this line are defined by the words and phrasing of your claims.  The claims are of the utmost importance both during prosecution and litigation.

Patents have not always contained claims. In many European countries, patents did not contain claims before the 1970s. It was then often difficult (and subjective) to decide whether a product infringed a patent, since the sole basis to know the extent of protection was the description, in view of the prior art. Claims have been necessary parts of U.S. patent applications since the enactment of the Patent Act of 1836.  Each claim should have only one meaning which can be either broad or narrow, but not both at the same time. In general a narrow claim specifies more details than a broader claim. Having many claims, where each one is a different scope allows you to have legal title to several aspects of your invention.