€10.12 – €13.03
Key Principles for Drafting a Patent Claim
- Type of Claim:
- Independent Claims: Broad and define the core invention.
- Dependent Claims: Narrower and build upon the independent claim.
- Structure of a Claim:
- Preamble: Introduces the invention.
- Transitional Phrase: Typically “comprising,” “consisting of,” or “consisting essentially of.”
- Body: Details the elements of the invention, specifying how they cooperate to achieve the invention’s function.
- Legal Requirements:
- Novelty (35 U.S.C. § 102): The invention must be new.
- Non-obviousness (35 U.S.C. § 103): The invention cannot be an obvious improvement over prior art.
- Utility (35 U.S.C. § 101): The invention must be useful.
- Definiteness (35 U.S.C. § 112): The claim must be clear and precise.
