How to Draft Patent Claims That Hold Up

The claims are the most important part of a patent, because they define the exact boundaries of what you own. Everything else in the application exists to support them.

A claim that is too broad gets rejected or invalidated. A claim that is too narrow is easy for competitors to design around. The skill is walking the line between them.

Principles of strong claims

• Start broad with the independent claim
• Narrow down through dependent claims
• Define every key term precisely
• Cover multiple embodiments, not just one
• Anticipate how a competitor might design around

Common drafting errors

• Using vague words like substantial or about
• Mixing multiple inventions in one claim
• Omitting a critical limitation
• Writing claims the spec does not support

Draft the claims first, then build the specification around them, and you end up with a patent that actually protects what you invented.

Testing your claims

Try to describe a competitor product that would not infringe, if you can easily, your claims are too narrow.

• Broad independent claim first
• Narrow dependent claims after
• Cover every embodiment