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What is a patent claim

A patent claim is said to be the heart of a patent application. It defines the boundary and subject matter of the patent that is sought to be protected. The claim describes the elements or aspects of the invention that the patentee can prevent others from creating, using, or selling against his or her permission.

A claim cannot be too extensive since the applicant cannot get a patent for something that their invention cannot achieve. An applicant does not want the claim to be too limited since they do not want to lose complete protection for their invention.

Importance of a patent claim

As discussed above, a patent claim is an essential part of the patent application. It states the exclusive rights after the grant of patent and tells all other third parties what is or not permissible as far as invention is concerned.

• In a patent registration application, a patent claim from a legal standpoint is used to specify the extent of a patent’s legal rights once the patent has been issued. Each patent specification must contain one or more patent claims that define the scope of the invention for which protection is sought.
• Generally, patent claims are given at the end of a patent application. As per Section 10(4)(c) of the Patents Act, 1970 every specification must end with a claim or claims that explains the scope of the invention that needs to be protected.
• In addition to extensive explanations, diagrams, flow charts, or graphical representations of the invention would further enhance and support the claims stated in an application.