The Importance Of Adding Claims To A Patent

By Jessica Sanders


Technology is drastically changing, and people are always surprised to see new devices virtually every day. As new technological systems give birth to new devices and processes, inventors should know that there is importance of Adding Claims to a Patent. By filing for a this, you safeguard your interest of the subject matter in the application. It is a critical subject whose knowledge can help a lot.

By definition, a patent is a collection of exclusive rights provided by the government to an innovative inventor over a premeditated time in exchange for full public disclosure of the invention. Therefore, inventors provide a detailed information about a discovery for which they are seeking protection. As a matter of fact, the information is the pith focus of applications, for without them, an examining official will reject the application.

People obtain exclusive rights of invention protection through the United States Patent and Trademark Authority. It grants protection only after the details provided in the application are satisfactorily highlighted. This indicates why this part of the filing is important. Failure to give a description of the invention, the whole application process may resort to nothing, for it is through the details that scrutiny of your discovery can be done.

The consideration of your application goes as far as the descriptions go. In other words, the weight of your application is measured by the detailed dependent clauses you provide describing your invention. Despite this fact, people still fail to see the need for such descriptions. That has made many people fall victim to infringements, for they leave a lot of loopholes that encourage infringers to pounce on any available opportunity to use your invention for their selfish benefits.

Seeking protection for your technological discovery is very complicated, and a lay person cannot successfully undertake. At such a juncture, a patent lawyer becomes of help. They have the capacity to maneuver through the clauses regulating such rights. As a result, they can provide their clients with constructive advice on matters affecting the practice. Furthermore, if certified, they can represent their clients in legal litigations concerning the claims.

Following an application, an examining officer may refute a grant, perhaps because they see an invention as inspired by a prior art. Therefore, it is perceived not novel. In such a case, amendments can be made to the clauses to counter this dejection. People amend their patent claims for various reasons. Some of them are discussed below.

One of the common and obvious amendments is combining two or more dependent claims in the application as part of the main document. Usually, an examiner will have already pointed out whether every dependent claim is challenged. That makes it easy to say whether their amendments will be strong enough to warrant considerable reviews. The benefit of using dependent clauses is that they reduce the cost of court prosecution, as they can be amended to challenge an objection.

The law permits inventors to carry out changes in their terms even after being granted protection. Such changes are meant to preserve the period within which the claims are valid in case more prior art unveils. Nonetheless, regulations on post-grant amendments does not allow for a broaden protection. On a full spectrum, your protections can scarcely be stretched.




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