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Drafting the Independent Claim in a Patent

Drafting the Independent Claim in a Patent

There are two essential types of claims: “independent” and “dependent.” “Independent claims” are those that don’t refer to any earlier claim; they rest alone. Note that these claims don’t refer back to any earlier claim and each defines a whole, functioning invention by itself.

A dependent claim narrates narrower subject matter than its previous claim in either of the two customary waysthat is, either by adding a supplementary element (or elements) or defining one or more essentials of the previous claim more narrowly.

The reasons for providing dependent claims will be covered in the next section also; the main point to remember here is that your independent claims are the significant ones since they’re the fundamental and broadest definitions of your invention. If a dependent claim is infringed, its independent or parent claim (or claims) must also be infringed. If an independent claim is infringed, nonetheless, that’s enough to win the case. You don’t have to be concerned about your dependent claims.

To draft an independent claim, the simplest and most undeviating way to do it is to follow these four vital steps:

  1. Write down a preamble providing the name or title of the invention, or the solution which it provides.
  2. Write the essentials (or steps) of the claim.
  3. Interlink the elements or steps.
  4. Broaden the claim elements.

The claim can be prearranged so that the elements of the claim come into view as together, followed by the interconnections. Or, each element can appear in combination with its interlink (interlinks) to nearby elements. An exemption is process claims, where you’ll discover it easier to directly relate each step with its precursor.

Initiate by writing your first claim without consideration to breadth that is, just get a preamble written, set down the elements of the invention, and interlink them, paying no consideration to how broadly you can narrate the invention. In other words, just define your invention as you believe compulsory to “get it all down” in a complete manner.

Then, see how many elements (or steps) you can remove and how many remaining elements you can widen so that the result maintains enough structure and yet does not stride on the prior art too much.

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