Claims

• Author: Steven H. Voldman
• Profession: Is an IEEE Fellow and graduate of Massachusetts Institute of Technology (MIT)
• Pages: 181-191

From Invention to Patent: A Scientist and Engineer’s Guide. First Edition. Steven H. Voldman.

© 2018 John Wiley & Sons Ltd. Published 2018 by John Wiley & Sons Ltd.

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6.1 Introduction

In this chapter, the discussion is about the different types of claims that are used in

patents. The claims are the most critical part of a patent and can make a large difference

in the value of the patent [1–18].

6.2 Independent andDependent Claims

An important concept in claim writing is to write both independent claims and depend-

ent claims.

Claim writing for both types is important to construct the logical connection b etween

the claims in the Claim section of the patent (Figure6.1).

6.2.1 Independent Claims

The phrase “independent claim” is a claim that does not refer to any other claim in the

preamble[6]. In the patent application, independent claims are typically followed by

dependent claims. By allowing to have dependent claims and reducing the number of

elements within the independent claim, the independent claim can be less specific and

broader.

6.2.2 Dependent Claims

The phrase “dependent claim” is associated with an independent claim. A dependent

claim will refer to the dependency on the independent claim (or on another dependent

claim) in the preamble of the dependent claim[6]. The dependent claim is more specific

than the independent claim, by adding another element or feature. In the patent applica-

tion, the dependent claim refers to the independent claim, and both are grouped together.

A dependent claim can exist for a utility, such as a structure, method, or composition

of matter. The preamble of a dependent claim typically starts with the word “The”

instead of “A”. The preamble of the dependent claim will be a s follows:

“2. The structure of Claim 1, wherein XXXX”.

Or

Claims