What is a patent claim?

A patent claim is a set of words that appears at the end of a patent document, which describes an invention and what the inventor believes is the “inventive subject matter” they want to protect. In other words, a patent claim is the legal definition of an inventor’s invention that the inventor wants to protect. The main purpose of patent claims is to protect inventors from having their inventions “copied” or otherwise used without their permission. The broader the scope of the claim, the more protection it provides. Patent claims can also provide evidence of infringement if another entity is found to be unlawfully using IP protected by a patent claim. Patent claims in Florida are regulated by the Florida Department of State and the state’s intellectual property laws. To be granted a patent in Florida, the invention must be deemed “novel” and “useful.” Patent claims must also meet other criteria, such as specifying the elements of the invention and defining the boundaries of the claim. When an applicant wants to protect their invention, they must submit a written patent application to the U.S. Patent and Trademark Office that includes a clear and accurate description of the invention, as well as the patent claim. The patent claim must accurately describe the invention with sufficient detail that it can be reproduced by any skilled person. In Florida, patent claims are necessary to protect a new invention or idea. By submitting a patent claim, an inventor can ensure their invention is unique and can be rewarded for their innovation.

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