The Critical Importance of Patent Claims for Deeptech Inventors
Patent claims are the backbone of your invention’s legal protection. They define precisely what you consider to be your invention and give you the legal right to prevent others from exploiting it. Although your attorney will draft the final claims, it is essential that you, as the inventor, understand their importance and actively participate in their development.
Why should inventors be involved in drafting claims?
1. Thorough Understanding : By writing the claims, you ensure that you fully understand your invention and can explain it clearly. This is crucial when you sign the patent application, as you are swearing that you have read and understood the application.
2. Technical Accuracy : As the technical expert on your invention, your involvement ensures that all technical aspects are accurately described.
3. Avoiding Misunderstandings : Sometimes attorneys may misinterpret information or try to circumvent prior art. By participating in the drafting of claims, you minimize these risks.
Types of patents and claims
Utility patents
Utility patents are the most common and fall into three main categories:
· Device patents : Protect new equipment.
· Material patents : Protect new materials.
· Method patents : Protect new ways of doing something.
Structure of claims
Claims consist of two main types:
1. Independent Claims : Describe the basic invention.
2. Dependent claims : Supplement independent claims by adding specific details.
Example: Let's say you've invented an innovative industrial cleaning robot. Here's how your claims might be structured:
Independent Claim:
"An industrial cleaning robot comprising:
This independent claim describes the basic elements of your invention.
Dependent Claims:
"The industrial cleaning robot of claim 1, wherein the articulated arm comprises six axes of rotation for maximum flexibility."
"The industrial cleaning robot of claim 1, wherein the computer vision system uses a combination of 3D cameras and LiDAR sensors for precise detection of surfaces and obstacles."
"The industrial cleaning robot according to claims 1 and 2, further comprising an artificial intelligence system capable of optimizing cleaning paths based on the layout of the space and the detected level of dirt."
These dependent claims add specific details to the basic invention, providing broader and more precise protection.
By structuring your claims in this way, you ensure broad protection with the independent claim, while covering more specific and innovative aspects of your invention with the dependent claims. This makes your patent more robust and more difficult for your competitors to circumvent.
Tips for writing effective claims
· Be specific : Describe your invention accurately and completely.
· Avoid unnecessary details : Include only what is necessary to practice the invention.
· Use clear terms : Make sure all technical terms are clearly defined.
Patent Strategy
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Managing multiple inventions
If your project involves several distinct innovations, you will need to file separate patent applications for each of them. This may include divisional applications if the examiner decides that your original application contains multiple inventions.
The importance of early collaboration with an IP expert
To maximize the protection of your invention, it is crucial to interact early in the design and development process with an intellectual property expert. This expert should have skills in:
Early collaboration with such an expert can make all the difference between a well-protected invention and one that is vulnerable to counterfeiting.
Another virtue in onboarding such an IP expert as soon as possible, is that he can scan the patent landscape and drive exploitability studies all the long your conception & development that will avoid you to walk on a mined field by others' patents.
Conclusion
Drafting patent claims is a crucial process that requires close collaboration between the inventor and intellectual property experts. By understanding the importance of claims and being actively involved in their writing, you significantly strengthen the protection of your invention and increase its chances of commercial success.
ITW Kamyar Maserrat - Patent Attorney Expert in Deeptech
Are you an innovator in AI, quantum computing, or robotics? ??
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Don't miss our upcoming LIVE event on October 25th at 6 PM (Paris time)!
Join us for a fascinating discussion with Kamyar Maserrat, a leading patent lawyer at Foley & Lardner LLP. He is an expert in IP applied to deep technologies.
Kamyar will share invaluable insights on:
? Protecting your groundbreaking innovations
? Understanding the complexities of IP in AI, quantum, and robotics
? Building a robust IP strategy
This event is perfect for scientists, engineers, entrepreneurs, and investors looking to stay ahead in the fast-paced world of technology.
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Co-hosts:
Gerald helps early-stage health tech companies achieve rapid growth and global impact. Leveraging his deep industry experience and extensive network, he guides teams in areas like gene therapy, medical devices, and diagnostics to navigate complex regulatory landscapes and secure strategic partnerships.
Dr. Benjamin DELSOL (PhD, LL.M), Quantum Physicist, European Patent Attorney, Expert Deep Tech Innovation / DELSOL
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