Patent Claims Drafting — Independent and Dependent Claims Template

CLAIMS

We Claim:

Independent apparatus/system claim (two-part / "characterised in that" form)

1. A [device / system / apparatus] for [stated purpose], comprising:
    a [first element];
    a [second element] coupled to the [first element]; and
    a [processing/control unit] configured to [primary function];
    characterised in that [the novel/distinguishing feature that provides the technical advance over the prior art].

Dependent claims (each must refer back and add a feature)

2. The [device] as claimed in claim 1, wherein the [first element] comprises [narrower feature].

3. The [device] as claimed in claim 1 or 2, further comprising a [additional element] arranged to [function].

4. The [device] as claimed in any of the preceding claims, wherein [parameter] is in the range of [X] to [Y].

5. The [device] as claimed in claim 3, wherein the [additional element] is [specific type].

Independent method claim

6. A method for [purpose], the method comprising the steps of:
    (a) [step one];
    (b) [step two] using the [element] of claim 1;
    (c) [step three]; and
    (d) [step four] to thereby [achieve technical result].

7. The method as claimed in claim 6, wherein step (b) comprises [sub-step].

Means-plus-function / computer-implemented variant

8. A [system] comprising: means for [function 1]; means for [function 2]; and a processor and a memory storing instructions which, when executed, cause the system to [function 3], the system thereby producing the technical effect of [technical effect] beyond the mere execution of a computer programme.

Product-by-process claim (where a product cannot be defined structurally)

9. A [product] obtainable by the process of claim 6, characterised by [distinguishing property].

Use/omnibus (avoid omnibus unless necessary)

10. A [device/method] substantially as herein described with reference to and as illustrated in the accompanying drawings. [Note: omnibus claims are discouraged and usually objected to; prefer specific claims.]

Drafting notes on the face of the set: (i) each independent claim states the invention broadly; (ii) every term in a claim must have antecedent basis — introduce with "a/an", refer back with "the/said"; (iii) one inventive concept across the set (unity — Rule 13(2)); (iv) number claims consecutively; (v) claims must be clear, succinct and fairly based on the description (Section 10(4)(c) & 10(5)).