| Considering the different parts of a patent | | | | Furthermore, it is acceptable to include more than |
| application, the most important part is the claims. The | | | | one claim in utility patents. Namely, 35 USC section |
| statue that relates to the format of the claims is 35 | | | | 112 provides that the specification shall conclude with |
| USC section 112 and more particularly, the second | | | | one or more claims. |
| paragraph. This paragraph sets forth a requirement | | | | In design patent applications, only one claim is |
| to 'particularly point out and distinctly claim the | | | | permitted. |
| invention'. The only acceptable way to 'particularly | | | | Further, any utility patent application with only one |
| point out and distinctly claim' an invention in a | | | | claim, that claim should not be numbered. |
| statutory classes as defined by 35 USC section 112 is | | | | When there is more than one claim, each claim must |
| by means of a English sentence. This restriction may | | | | start with an Arabic numeral. The claims must being |
| be the source of many problems in claim drafting | | | | numbered consecutively, and to follow good practice, |
| because of problems of writing in English and in the | | | | the claims should be grouped and numbered in a |
| meanings of words. | | | | logical order for consideration by the examiner which |
| The standard custom with respect to sentence | | | | will be assigned to the patent application. The usual |
| construction in claim drafting is that each claim should | | | | practice is to begin with the broadest claim and |
| be the direct object of a single sentence. The length | | | | proceed to the narrowest claim and to group similar |
| of the sentence does not matter. To start with, the | | | | types of claim together. |
| sentence may begin with 'I (or we) claim' or the | | | | Certain practitioners may try to slip a broad |
| equivalent 'What is claimed is'. | | | | independent claim among the dependent claims |
| The standard patent office practice is also to insist | | | | hoping that the examiner will not notice and hoping |
| that each claim begins with a capital letter and with a | | | | that the examiner will allow all the claims grouped |
| number. So that each claim may read as a complete | | | | together. |
| sentence when taken with the introductory phrase | | | | This is not a recommended practice. |
| such as 'I claim'. Except for standard abbreviations | | | | A claim usually has a preamble and body. |
| such as the colon and semicolon, no other periods are | | | | Most claims have a preamble which may be an |
| permitted in the body of that claim. | | | | introductory statement having a purpose to name or |
| As a result of the single sentence rule, grammar | | | | define the thing which is being claimed. Preambles |
| especially verb forms should be watched carefully. | | | | may be quite long or may be quite short depending |
| For example: | | | | on the type of claim that is being used. |
| I claim: a pen comprises | | | | The preamble for most claims should be simply a |
| This does not form a complete sentence. | | | | general definition of the invention to be claimed. The |
| For example: | | | | length and the detail should be chosen to match the |
| I claim: a pen comprising | | | | body of the claim. |
| This does not violate the complete sentence rule. | | | | The set of writing the preamble should not be taken |
| In conclusion, the claim should form a complete | | | | up until the scope of the claim is determined. |
| sentence by forming the direct object of the phrase | | | | Unnecessary and limiting limitations or statements |
| 'I claim'. Begin each claim with a capital letter and a | | | | anywhere in the claims should be avoided and this |
| number. | | | | warning is applicable to the preamble. |