These numbered sentences at the end of a patent document set out the essential features in precise technical language. Think of the claims as the boundary fence of your patent - they outline the precise scope of what is protected. A patent typically includes multiple claims, ranging from broad to narrow, to cover the invention's core concept and its specific embodiments.
Why It Matters
Well-written claims are critical to:
Protect what matters
Claims set the exact limits of your patent protection, ensuring that your most valuable innovation is clearly defined and defensible.
Define legal enforceability
In an infringement lawsuit, the court looks almost exclusively at the claims to decide if someone has infringed. The rest of the patent supports and explains what is in the claims.
Inform investor due diligence
Patent claims can be assessed during due diligence to assess the true defensive power and commercial value of your IP. Strong, broad claims can significantly increase your company's valuation.
Real-world Example
A patent for a new biodegradable water filter has a narrow claim specifying a particular polymer, and a broad claim covering any material that performs the filtering function. The broad claim is far more valuable as it blocks more competitor options.
Pro Tip
When reviewing a draft patent from your attorney, focus most of your attention on the claims. Ask yourself: "Could a competitor easily avoid this by changing one small feature?" If yes, the claims may be too narrow.
