What is a patent claim?

A patent claim is the part of a patent application which defines the scope of an invention and serves as the legal protection from infringement of the invention. It is a legally binding statement which defines the invention and the rights granted to the patent holder. In Texas, a patent claim is a statement that begins with the words “I claim” or “We Claim." The statement should also include a description of the invention, including what it is, how it works, its function, and any additional features. Patent law in Texas states that the claim should be of “reasonable length and supported by proper description” in order to be valid. The patent claim should also define the scope of the invention and should clearly differentiate it from any prior inventions or existing patents. Furthermore, the patent claim should be supported by a drawing, when necessary. Lastly, a patent claim should be specific enough to define the invention but not so wide or broad that it oversteps existing patents or infringes on another inventor’s rights. In Texas, the patent claim must be written in clear and concise language that can be interpreted by a patent attorney or the Patent and Trademark Office (PTO). The clarity of the patent claim is especially important because it also serves as the basis for determining patent infringement if one person has patented an invention that was already patented by someone else.

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What is a patent claim?

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