Explore the different types of patent claims in India—independent, dependent, product, process, and use claims—with tips on drafting and strategic protection for inventors and startups.

Why Classify Patent Claims?

When drafting a patent application, choosing the right type of claim is as important as the invention itself.

Different types of patent claims serve different purposes—some protect the core invention, others strengthen enforceability or cover variations.

Whether you’re drafting a patent, evaluating competitors, or preparing for licensing or litigation, understanding types of claims helps build a robust and enforceable patent.

Why Are Claim Types Important?

1. Independent Claims

• Definition: Stand on their own and don’t rely on any other claim

• Purpose: Define the broadest scope of the invention

• Use: Always included at the beginning of claim set

Example:

“A mobile charging device comprising a solar panel and a USB output port.”

2. Dependent Claims

• Definition: Refer back to and add limitations to an independent claim

• Purpose: Strengthen patent by covering embodiments or optional features

• Use: Offers fallback positions during examination

 Example:

“The device of claim 1, wherein the solar panel is a flexible amorphous panel.”

3. Product Claims (Apparatus/Device/Composition)

• Definition: Protect physical items or compositions

• Use: Most common for engineering, electronics, chemistry, and pharma

Example:

“A pharmaceutical composition comprising compound X and a stabilizing agent.”

4. Process or Method Claims

• Definition: Cover steps of a process or method of achieving a result

• Use: Software, biotech, chemical manufacturing, medical procedures

Example:

“A method for authenticating users comprising steps of receiving a biometric input, validating it, and granting access.”

5. Use Claims

• Definition: Claim the specific use of a known product or composition

• Use: Common in pharma, biotech; less favored in Indian practice but acceptable when novel

Example:

“Use of compound Y for treating autoimmune disorders.”

6. Product-by-Process Claims

• Definition: Describe a product through its manufacturing process

• Use: When the product structure is difficult to define, especially in biotech or materials science

Example:

“A polymer produced by the process of heating compound Z under pressure…”

In India, the claim protects the product, not the process itself.

7. Swiss-Type Claims (Limited in India)

• Definition: Claim second medical use of a known substance

• Format: “Use of substance X in the manufacture of a medicament for treating disease Y”

• Status: Generally not allowed under Indian patent law post-Novartis v. Union of India

8. Functional Claims

• Definition: Claim based on the function of an element, not structure

• Use: Useful in software or tech inventions

• Risk: May be objected to as insufficiently clear unless supported in the description

Example:

“A device comprising a module for detecting motion and triggering an alarm.”

9. Markush Claims (Chemical/Pharma)

• Definition: Claim a group of structurally related chemical compounds

• Use: Common in pharma patents to cover multiple variations in a single claim

Example:

“A compound of the formula A-B-C where A is selected from methyl, ethyl, or propyl…”

10. Jepson-Type Claims (Not common in India)

• Definition: Start with prior art and specify improvements

• Use: Sometimes helpful for narrowing claims

• Format: “In a method of X known in the art, the improvement comprising…”

Rarely used in Indian drafting due to its focus on prior art admissions.

Choosing the Right Mix of Claims

A strong patent usually includes a mix of claim types:

Conclusion:The Right Claim Types Define Patent Strength

The types of claims you choose will determine:

• How easy your patent is to enforce

• Whether others can design around your invention

• How examiners and courts interpret your rights

Don’t draft blindly—select a claim strategy aligned with your business model, competitive landscape, and product roadmap.

Frequently Asked Questions (FAQs)

Q1. Can one patent include multiple types of claims?
👉 Yes, most patents include a combination of independent, dependent, product, and process claims.

Q2. Are all claim types allowed in India?
👉 Most are, but Swiss-type and Jepson claims are generally discouraged or rejected.

Q3. How many claims can I include?
👉 Up to 10 claims are included in the standard filing fee; additional claims incur extra costs.

Q4. Who decides which types to use?
👉 Your patent attorney or agent will help determine the optimal mix based on your invention.

Q5. Can I amend the types of claims after filing?
👉 Yes, during prosecution—but not beyond the original disclosure.