Frequently Asked Questions

What are patent claims and what do they establish?

Patent claims are an integral part of the patent application process. They establish the invention as unique and designate specific property rights that can be protected. These claims must meet three criteria: they must be useful, non-obvious, and novel. In essence, patent claims define the boundaries of a patent and provide a clear demarcation of what the inventor claims as their own. The patent claims are the inventor's way of laying claim to their invention and defining exactly what it is they seek to protect. This is crucial because it is these claims that will be scrutinized during the patent application process and will ultimately determine whether a patent is granted. If the claims are deemed to be not novel, or obvious, the patent will not be granted. The patent claims also play a vital role in enforcing patent rights. They form the basis for any legal action taken against those who infringe on the patent. If the claims are clear and specific, it is easier to prove that someone else has infringed on the patent.