July 22, 2025 by Surbhi Rai
At the core of every patent application lies a set of statements that define the legal scope of protection—these are called patent claims.
Claims determine exactly what the inventor owns and what others are prohibited from making, using, selling, or importing without permission. If the specification is the “story” of your invention, the claims are the legally enforceable conclusion.
"What you claim, you protect. What you don’t, you risk losing."
Whether you are:
An inventor filing your first application,
A startup protecting core product features, or
A patent professional prosecuting high-stakes inventions,
Understanding patent claims is essential for IP strategy, enforcement, and monetization.
| Purpose | Explanation |
|---|---|
| Defines Legal Protection | Claims set the exact boundaries of what is protected by law. |
| Used in Infringement Cases | Courts, competitors, and enforcement officers rely on claims to assess violations. |
| Guides Examiners | Patent examiners review claims first during examination to check novelty, utility, and inventiveness. |
| Impacts Licensing & Valuation | Well-drafted claims improve a patent’s strength in deals, licensing, and fundraising. |
Patent claims come in various forms, each with a specific function in establishing layered protection.
1. Independent Claims
Stand alone
Cover the broadest aspect of the invention
Usually define the core inventive concept
Example:
“A wireless charging device comprising a charging pad and a receiver module configured to receive energy.”
Depend on an earlier (independent or dependent) claim
Add additional features or technical improvements
Used to narrow the scope and improve enforceability
Example:
“The device of claim 1, wherein the receiver module is embedded in a smartphone.”
| Claim Type | What It Covers |
|---|---|
| Product/Device | Physical structure, component, or apparatus (e.g., machines, tools, materials) |
| Process/Method | Step-by-step method of achieving a result (e.g., manufacturing technique) |
| Use Claims | Specific application of a product in a new context (rare in India) |
Each claim follows a formal structure, typically comprising:
| Component | Explanation |
|---|---|
| Preamble | Introduces the invention type (e.g., “A system for…”) |
| Transitional Phrase | Indicates claim scope: “comprising,” “consisting of,” or “including” |
| Body | Lists technical elements and their interrelations |
Sample Claim Structure:
“A data processing system comprising a processor, a memory unit, and a wireless module configured to communicate with remote servers.”
The word “comprising” is open-ended, meaning additional features may still infringe.
“Consisting of” is closed-ended, offering narrower protection
| Type | Example |
|---|---|
| Strong Claim | “A water purification device comprising a sediment filter, a UV sterilization unit, and a pressure-regulated valve.” |
| Weak or Vague Claim | “A machine that cleans liquids.” (Too broad, undefined) |
| Overly Ambiguous | “A system with some kind of control module that may or may not work.” |
Patent claim drafting is a specialized skill requiring a deep understanding of technology, legal strategy, and enforcement dynamics.
Start Broad, Then Narrow
Begin with independent claims that capture the core invention.
Follow with dependent claims for improvements or variations.
Use Clear, Precise Language
Avoid vague phrases like “a thing,” “somehow,” or “any type.”
Stick to standard terminology and structural clarity.
Balance Scope with Strength
Too narrow = easy to design around
Too broad = high risk of rejection or invalidation
Think Like a Competitor
Consider how someone might try to “design around” your claims
Write claims that anticipate potential workarounds
Align with Business Goals
Focus claims on features tied to revenue, licensing value, or investor interest
Include variations used in product lines or market segments
India’s patent regime emphasizes clarity, precision, and legal structure in claim drafting.
| Provision | Summary |
|---|---|
| Section 10(4) of the Patents Act | Requires claims to be “clear and succinct” |
| Patent Rules, First Schedule | Prescribes numbering, formatting, and single-sentence structure |
| Examination Guidelines (IPO) | Mandate support from description and eliminate overly broad/vague claims |
| Mistake | Consequence |
|---|---|
| Too Vague | Leads to formal objections and legal uncertainty |
| Overly Broad | Risks invalidation by prior art or opposition |
| Lack of Enablement | Claim is unsupported by detailed description (violates Section 10(4)(a)) |
| Excessive Jargon | Confuses patent examiners, delays prosecution |
Your Patent Is Only as Strong as Its Claims
Patent claims are not just lines on paper—they are your legal sword and shield.
Secure exclusive market rights
Attract investors and licensing deals
Stand up to scrutiny during litigation and opposition
Prevent copycats and unauthorized commercialization
Whether you're applying in India or abroad, investing in claim precision is one of the most valuable actions you can take to protect your innovation.
Q1. Can I file a patent without claims?
No. Claims are mandatory in the complete specification under Indian law.
Q2. How many claims can I include?
The first 10 claims are included in the basic fee. Additional claims attract extra government fees.
Q3. Can claims be amended after filing?
Yes, during examination, but changes must remain within the scope of the original disclosure.
Q4. Who should draft patent claims?
Preferably a registered patent agent or attorney with domain and legal expertise.
Q5. Are patent claims interpreted uniformly worldwide?
No. Interpretation standards vary across jurisdictions (e.g., US, India, EU), so drafting must be jurisdiction-specific.