One of the most important aspects of the patent specification is the patent claims. In this part of the specification, all the claims that distinguish the invention from that of the others or already existing prior art needs to be clearly mentioned. The patent claims describe the patentability of the invention and gives out the scope of the invention. One of the most crucial functions of the patent claims is to define the scope of the invention. They must be supported by the invention disclosed in the descriptive part of the patent drafting. Patent claims should be mentioned on the fresh page with each patent claim mentioned separately in different points.
Generally, a patent claim is the most important part of the patent specification. It defines the extent and scope of the patent. It describes exactly what is claimed by the invention. It also lays down the extent of what is sought to be protected and what is not. A claim may be defined as a statement of technical facts expressed in the legal terms, defining the scope of the invention which is to be protected.
Another reason why patent claims become important is that they set out the scope of use of the invention. By stating the claims it clearly lays down the extent of usage by the third parties as well. The exclusive right that is granted to the patent holder is mentioned in the patent claim itself. The rest of the patent claim explains the description of the invention. Claims define the nature of legal rights granted.
Drafting of patent claims is not an easy task. Given the complexity of drafting claims, it is important to take the help of the legal professional. Essentially patent claims are of two kinds i.e. the independent claims and the dependent claims. Independent claims set the store for the kind of protection sought by the inventor. They do not bear any reference to the older claims and are independent in nature. They are usually broader in scope than the dependent claims because they do not carry any reference to them. They contain the quintessential details of the inventions that are absolutely necessary for the patent to be granted.
A dependent claim on the other hand always bears reference to an independent claim or a previously filed claim. Therefore they restrict the limit of the scope of the independent claim. They also contain even the minute features that are unessential to mention in the specifications. They mention all the optional details that if not mentioned will do no role in the making of the decision of the controller. There is no single method to draft the claims. It all depends on the kind of patent claims and the nature of the invention. It is naturally defined in a way that best suits the interest of what the applicant seeks to protect. Depending upon the needs of the applicant they can be drafted in a broad or a narrow way.