Types of Claims based on the invention
The person drafting the patent application should have a clear understanding of the invention for identifying the structure of the claims. The structure of the claims depends on the invention; however, it is important to decide the type of independent claim or dependent claim while drafting the patent application to meet certain requirements of the invention.
The type of the claim for a patent application depends upon whether the invention involves any method or process, any apparatus, any system or any other way through which the invention could be performed by the person skilled in the art. The types of claims based on the invention classified as:
Method / Process Claims
As the name suggests, a method/process claims are for describing a method or a process of performing any task. A method claim defines multiple steps required to reach the objective of the invention. The structure of a method claim follows a particular stepwise order. The simplest example of a method can be a method for preparing tea. Writing method claims is an easy job once the person drafting the patent application has a clear knowledge about what all steps are taking place in the invention for achieving the objective of the invention. The method claims consist of the word “method” in the independent claims as well as the dependent claim set. The language of a method claims usually consists of active words ending with “ing”.
The system claim provides a completely different approach towards protecting the invention. A system claim is a type of claim drafted for a particular product, device, and hardware. A system claim usually consists of various components which help in executing a particular task through a computer or a communication device. Each module in the system claim executes a step. However, a single module may execute more than one step depending on the invention. Contrary to a method claim which protects the inventive steps of the invention, a system claim protects the novel components that help in carrying out those steps. Therefore, a system claim includes one or more hardware components, one or more devices used in the invention or one or more products.
Apparatus claims are the type of claims drafted for a device, system or an article. However, the apparatus claims are slightly different from the system claims because apparatus claims drafted for mechanical assemblies that have novel physical structure or connections. An apparatus claim protects the invention which includes a specific physical apparatus, system or a device. The simplest example of an apparatus can include a camera for clicking images. The apparatus claim begins with the word “apparatus” or “device” and preamble of the invention. The succeeding clauses list the various essential elements of the apparatus or the device required to perform the invention. Therefore, the apparatus claims describe the invention based on the components of the invention.
Computer Program Product claims
A computer program product claims or the CPP claims are used for inventions related to computer software. A computer program product claim is also known as Beauregard claim. The CPP claims protect an invention illustrated through a particular medium. The medium can be a computer memory, a processor, a CD-ROM or any other component. There are various formats for writing a computer program product claim. A CPP claim generally consists of the steps described in the method claim.
In one of the formats, a CPP claim starts with the phrase “computer-readable medium”. A CPP claim can also begin with the phrase “computer program product”.
The claims for the invention should be drafted with help of the professional to distinguish the invention from the prior art and protect the invention. The claims for the invention should be drafted with logical links such that a conclusion is drawn from the patent claims.