HHS Public Access
`Author manuscript
`Methods Mol Biol. Author manuscript; available in PMC 2017 November 08.
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`Published in final edited form as:
`Methods Mol Biol. 2012 ; 823: 391–408. doi:10.1007/978-1-60327-216-2_26.
`
`Inventions and Patents: A practical tutorial
`
`J. Lille Tidwell1 and Lance A. Liotta1,*
`1George Mason University, Manassas, VA 20110
`
`Abstract
`Patents are designed to protect and encourage creativity and innovation. Patenting a biomedical
`discovery can be a requirement before a pharma or biotech entity will invest in the lengthy and
`costly clinical testing necessary to achieve patient benefit. Although scientists and clinicians are
`well versed in research publication requirements, patent descriptions and claims are formatted in a
`manner quite different from a research paper. Patents require a) a series of logical statements
`clearly delineating the boundaries of the novel aspects of the invention and b) sufficient disclosure
`of the invention so that it can be reproduced by others. Patents are granted only for inventions that
`meet three conditions: novelty, non-obviousness and usefulness. This chapter provides basic
`guidelines and definitions for inventions, inventorship, and patent filing which are summarized
`using a question and answer format.
`
`Keywords
`disclosure; discovery; invention; non-disclosure agreement; patent; technology transfer
`
`1. Introduction
`
`Patenting biomedical discoveries is an important requirement for commercialization. A
`pharmaceutical company, a diagnostic company, or a biotechnology firm will not spend the
`considerable resources to develop a new product that can benefit patients suffering from
`disease, if the product is not covered by an issued or pending patent (Jones 2005 reference).
`
`*Corresponding author: Lance A. Liotta, MD, PhD, George Mason University, Center for Applied Proteomics and Molecular
`Medicine, 10900 University Blvd, MS 4E3, Manassas, VA 20110, Phone: 703-993-9444, Fax: 703-993-8606, lliotta@gmu.edu.
`2Question: What are the requirements for a patent figure or table.
`The figure must be on A4 paper, with one inch margins, 32mm text (14 point font) and must be in black and white. The resolution
`must be adequate for reproduction (300 dpi). A listing of a nucleic acid sequence must comply with the following patent rules: 1.821,
`1.822, 1.823, 1.824, and 1.825, and may be in paper or electronic form (See: 35 United States Code 271; http://www.uspto.gov/web/
`offices/pac/mpep/consolidated_laws.pdf.) (5)
`5Common pitfalls encountered by inventors are listed below in Notes 6–9. Failure to record the invention process. You should keep
`detailed records of the concepts, data, and other information related to making an invention in a logbook. Start a logbook entry series
`from the very first moment you think of an idea. Proper record keeping can be used as proof of the conception date of an invention.
`The best way to prove that an idea is yours is by maintaining an inventor’s journal or logbook, recording the experiments and
`discussions including with whom you discussed the invention, and having a witness who can testify that you made the invention (3, 8).
`7Pursuing an invention that has no commercial market. Before using your children’s college funds to heavily invest in your invention,
`assess the true value in the market compared to the existing state of the art. Does your invention offer true advantages in performance
`or economy? Know when it’s time to move on to your next great idea (11).
`8Revealing your invention prematurely. In the US, a one-year countdown begins the instant you reveal your invention to the public or
`anybody that has not signed a confidentiality agreement with you (see definition of novelty above). You only have one year to patent
`your invention in the US. For other countries, if you reveal the invention, this is no one-year grace period and you lose the rights.
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`Even experienced academic scientists may not understand that inventorship, an invention,
`and a patent are quite different from a scientific publication. In many ways, obtaining a
`granted patent can be much harder and longer than publishing a research study in a peer
`reviewed journal. This is because of the requirement for absolute novelty and utility, as
`judged by the lengthy examining process by the US Patent and Trademark Office (USPTO,
`www.uspto.gov) (Jones 2005; Gholz 2007 reference). Patent claims must be written in a
`form of an independent clause or multiple dependent clauses that logically delineate the
`novel features claimed under the invention. Licensing and assignment of intellectual
`property rights (inventions) provide employers/inventors with a means to effectively sell or
`“rent” the invention under specific conditions. (Merges 1999 reference).
`
`Molecular profiling and individualized therapy are providing new insights into disease
`treatment while at the same time providing new technologies and therapies. Although the
`concept of genomic and proteomic analysis is not new, the wealth of patentable information
`gleaned from these molecular insights is constantly challenging current health and patent
`laws (Kelton; Jones, Shi reference). It is our intent in this chapter to explain basic guidelines
`applicable to biomedical inventions and patents, including a tutorial for writing a patent
`application (based on the Patent Cooperative Treaty and United States Patent and Trademark
`Office requirements).
`
`2. Types of Patents
`
`Question: What constitutes an invention that can be patented?
`
`Answer: Inventions can be patented if they are novel, non-obvious, and useful (Jones 2005;
`Shi 2005 reference).
`
`Meaning of Novel, Non-obvious, and Useful in Patent Terms: New and Novel: For a
`United States patent the invention must never have been disclosed in public in any way,
`anywhere in the world, more than one year before the date on which the patent application is
`filed. In other countries, the inventor does not have a one year grace period.
`
`Original and Non-obvious: An invention involves a creative, inventive step. When compared
`with what is already known, it would not be obvious to someone experienced in the subject
`matter, or would be unexpected or contrary to established theories or findings. Useful: This
`means that the invention must take the practical form of a machine, apparatus, device,
`diagnostic kit, pharmaceutical compound, it has to accomplish something of practical value
`to society.
`
`A utility invention can fulfill any of the following definitions: a Kit for accomplishing a
`useful goal, a Method or Process of synthesis or production, a Machine, an Article of
`Manufacture, a Composition of Matter (such as a chemical compound), or an improvement
`of any of the above categories.
`
`Design patents are for the new ornamental design of an article of manufacture.
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`Plant patents provide patent protection for any asexually reproduced distinct and new
`variety of plant.
`
`2.1. Issued Patents
`
`Question: What is an issued patent and what protection does it afford to the inventor?
`
`Answer: The term “patent” is derived from “letters of patents patent”; an open letter by
`which a sovereign entity conferred a special privilege or right on subject. The first recorded
`patent was granted to Filippo Brunelleschi in 1421 in Florence, Italy for an industrial
`invention. Since then countries have set their own rules to grant patents, including the
`duration, types of patents and filing rules.
`
`An invention is a property right (an owned article of property that comes into existence the
`instant it is invented) for an invention granted by a government to the inventor. A United
`States patent gives inventors the right “to exclude others from making, using, offering for
`sale, or selling their invention throughout the United States or importing their invention into
`the United States” for a limited time.
`
`Utility and plant patents are granted for a term that begins with the date of the grant and
`usually ends 20 years from the date the applications were filed. You must make the timely
`payment of the appropriate maintenance fees.
`
`Design patents last 14 years from the date you are granted the patent. No maintenance fees
`are required for design patents.
`
`The patent is a personal property: so it can be sold, assigned or transferred as determined by
`the owner. As such there can be disputes, in which case the authority or jurisdiction
`concerned has to mediate and investigate infringement. If infringement is found then a
`determination must be made to grant penalties to the violator and award damages to the
`rightful owner.
`
`In the 1990’s the establishment of World Trade Organization set forth a common minimum
`set of rights that should be granted to all patent owners by governments, as well as a period
`of 20 years (from the date the application filed) as the term of the patent.
`
`Table 1 lists links to patent offices/organizations/procedural guideline sources for selected
`countries, world bodies and interest groups.
`
`2.1.2. Non-patentable articles—Question: What cannot be patented?
`
`Answer: Unmodified pre-existing articles of nature cannot be patented. You cannot patent
`an unmodified natural chemical, gene, protein, or animal, or plant species (Jones 2005; Shi
`2005 reference). However, you can patent a modified form of an article of nature if the
`modification serves a useful purpose. You can patent the use of existing articles of nature in
`devices, compounds, or diagnostic kits that are useful.
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`A 2010 court case ruling highlights the controversy concerning the patenting of genes and
`proteins (1, 2). A US district court ruled in March 2010 that the claims were not valid in
`seven patents covering genetic testing using breast cancer susceptibility genes. The ruling
`followed a lawsuit against the company Myriad Genetics and the University of Utah
`Research Foundation, which hold the patents on the BRCA1 and BRCA2 breast cancer
`susceptibility genes (1). A woman who tests positive has on average an 82% risk of
`developing breast cancer in her lifetime and a 44% risk of developing ovarian cancer,
`according to Myriad. The plaintiffs who brought the lawsuit were the Association for
`Molecular Pathology and the American College of Medical Genetics and they were
`represented by the American Civil Liberties Union (ACLU) and the New York–based Public
`Patent Foundation. Judge Robert Sweet of the US District Court for the Southern District of
`New York ruled that both Myriads’ composition and method claims are invalid under the
`law, because a product of nature, in this case a gene, even if isolated, can not be patented as
`an invention (1). While this case is being appealed, many experts worry that the ruling will
`have a chilling impact on the biotechnology industry. Nevertheless, if the ruling is upheld it
`does not prevent the patenting of diagnostic tests using genes or proteins to predict disease
`or guide therapy. The take home message is to craft patent claims around the non-obvious
`practical use of a gene or protein, or its modified form, instead of trying to patent the gene or
`protein itself as a composition of matter.
`
`You cannot patent: laws of nature, physical phenomena, abstract ideas, literary, dramatic,
`musical, and artistic works. These can be copy write protected. You cannot patent inventions
`that are considered not useful or physically impossible by the USPTO (for example
`perpetual motion machines) or considered offensive to public morality.
`
`2.2. Persons qualifying as inventors or co-inventors
`
`Question: If two people or groups make the same invention around the same time, who gets
`the patent?
`
`Answer: First to Invent Rule: The United States grants a patent to the first inventor who
`conceives and reduces the invention to practice, e.g. a working prototype or well-written
`description. Other countries use the first to file rule granting a patent and all rights to the
`first person who files a patent application for an invention (3, 4).
`
`Clause 101 of US Code 35 states:
`
`“Whoever invents or discovers any new and useful process, machine, manufacture,
`or composition of matter, or any new and useful improvement thereof, may obtain a
`patent therefore, . . .”
`
`This has further been defined by the following case law:
`
`“He who first perfected a thing is the inventor although others might have
`experimented with the idea.” Agawam Co. v Jordan (1869) 74 US583, 19 L Ed
`177, and “Crude and imperfect experiments are not sufficient to confer right to
`patent; until invention is perfected and adapted to use it is not patentable and he
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`who first perfects it and adapts it to use is first inventor in sense of patent law and
`entitled to patent.” Seymour v Osborne (1871) 78 US516, 20 L Ed 33.
`
`With effect from 1st January, 1996, clause 104 of US Code 35 was changed with the effect
`that residents of World Trade Organization member countries can now rely on the law of
`“first to invent” in establishing invention priority in the USA (5).
`
`“In proceedings in the Patent and Trademark Office, in the courts, and before any
`other competent authority, an applicant for a patent, or a patentee, may not establish
`a date of invention by reference to knowledge or use thereof, or other activity with
`respect thereto, in a foreign country other than a NAFTA country or a WTO
`member country . . .” (http://www.uspto.gov/web/offices/pac/mpep/
`consolidated_laws.pdf reference)(6).
`
`2.2.1. Co-inventors—Question: Who qualifies to be a co-inventor?
`
`Answer: Each co-inventor must have made an independent creative contribution to at least
`one of the claims specified in the patent. This definition is quite different from co-authorship
`on a scientific publication. Thus, those who creatively and directly generated the invention,
`qualifying to be co-inventors, may be only a small subset of co-authors listed on a research
`publication relevant to the subject invention (7).
`
`2.3. Provisional Patent Application
`
`Question: When should I file a Provisional application?
`
`Answer: You may be in a hurry to get a patent because you see immediate commercial
`application or you want to beat a competitor. In the US, you can take the option of filing a
`Provisional Application for Patent. The Provisional application discloses detailed
`information about the invention, but not to the depth required in the regular application. You
`must file a regular patent application on the invention of your Provisional application within
`one year.
`
`The Provisional application establishes a registration date for your invention that is much
`earlier in time than the ultimate date of patent issue after filing the regular application. The
`Provisional in no way resembles a regular utility patent, as it expires in a year’s time, cannot
`be searched, and “it does not start a 20 year patent term running”.
`
`Provisional applications are usually filed for reasons of urgency to establish priority.
`However, sometimes there are many good reasons not to file a Provisional application, such
`as higher overall costs and extra time delay before the patent is granted (prosecution will
`begin only on the utility application). US patent laws have been amended to allow upgrading
`of the Provisional application into a Utility patent application.
`
`An alterative means of proving that you were the first to think of the idea is a Disclosure
`Document. A Disclosure Document is an “evidence of conception” of an idea or an
`invention. In no way does it substitute for a Provisional application or a regular utility patent
`application. For a fee of $10, it enables the applicant a to have a recorded proof of date of
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`conception provided it is followed up by the regular patent application within two years of
`receipt of the disclosure document at the USPTO. Unlike a Provisional application, the date
`of the Disclosure Document cannot be considered an effective filing date. Because the
`Provisional application serves the purpose of providing an earlier filing date, most
`intellectual property offices recommend filing the Provisional application and not bothering
`with the Disclosure Document.
`
`2.4. Non-disclosure agreements
`
`Question: What are the proper components of a Non-disclosure Agreement?
`
`Answer: Nondisclosure Agreement
`
`A Nondisclosure Agreement is an agreement under which a party (the “Recipient”) agrees
`not to disclose proprietary and confidential information (“Confidential Information”) that it
`receives from another party (the “Owner”).
`
`a.
`
`b.
`
`c.
`
`No Warranty. There is a possibility that the Confidential Information could
`contain mistakes or errors, or be based on assumptions that later prove to be
`incorrect. Therefore, it is common for Owners to include a “no warranty”
`provision that specifies that the Owner will not be responsible for any damages
`that the Recipient might incur from using the Confidential Information.
`
`Risk of Accepting Disclosure. The Owner may also want to provide that any
`disclosure made by the Recipient of any information is at the Recipient’s risk.
`Because the Owner has already stated that it will not warrant the accuracy of the
`information, the Owner can further provide that the Recipient will bear the risk
`of using the information in violation of the agreement. For example, if the
`Recipient acts on some of the information and the information was inaccurate,
`the Recipient cannot hold the Owner responsible for the harm caused by the
`inaccurate information.
`
`Limited License. Generally, the Owner and the Recipient intend that the
`Confidential Information will only be used by the Recipient for the limited
`purpose of reviewing the information to determine whether the parties might
`have interest in future transactions. A “limited license” provision specifies that
`the Recipient is not acquiring the right to use the Confidential Information for
`any other than the specified purpose.
`
`d.
`
`General Provisions. A Nondisclosure Agreement (see Note 1–3) should include
`provisions that (i) provide a detailed description of the Confidential Information
`
`1Question: In a typical confidential disclosure agreement, what is proprietary information, and how long must the information be kept
`secret? To be considered “Proprietary Information” all such information must clearly and conspicuously be identified as “confidential”
`or “proprietary” to the Disclosing Party, and all oral proprietary information must be reduced to writing or other tangible form and
`delivered identified as confidential or proprietary within 20 days of disclosure. A university may have an obligation under Federal and
`state or province statutes to disclose certain information in the possession of University to the public. Unless terminated by either
`party, the obligations set forth herein shall remain in full force and effect for a period of two (2) years from the date hereof.
`Termination of Agreement and Return of Proprietary Information: Either party may terminate this agreement without cause by giving
`written notice of such termination by certified mail, express or overnight mail, or by telephone facsimile. Such termination shall be
`effective immediately upon receipt of the notification by the other party. Upon termination the parties shall immediately: (i) return to
`the Disclosing Party all items of Proprietary Information (including all copies thereof) of the Disclosing Party, upon written request or
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`and the purpose of disclosing, (ii) require all Confidential Information be
`identified as such and all oral disclosures reduced to writing within a specific
`time frame, (iii) include a termination date (ie. 2–5 years) and return policy, (iv)
`acknowledge an obligation under Federal and State Freedom of Information Act
`(FOIA), (v) require amendments (changes) to the agreement to be in writing and
`signed by both parties, (vi) specify the state whose laws will govern and interpret
`disputes between the parties regarding the matters covered by the agreement, and
`(vii) prohibit the parties from assigning their obligations under the agreement to
`third parties. Generally, the state whose laws should govern the agreement should
`be the state of the Owner
`
`3. Preparing a patent application
`
`3.1. Records of the invention
`
`Question: What is the proper format for an inventor’s notebook record?
`
`Answer: The inventor’s logbook ideally should be a separate book or witnessed highlighted
`pages or entries in an ongoing laboratory notebook. Detailed records of the concepts, test
`results, and other information related to making an invention should be kept in a logbook (3,
`8).. Look for sequentially pre-printed numbered pages, fade-away backgrounds, spaces for
`you and a witness to sign & date. Never use a loose leaf notebook or a 3-ring binders as a
`log book. Never use a legal pad or any glued together notebook. Use a notebook with bound
`or sewn pages. The pages must be bound so that you can prove in a legal patent dispute that
`you did not simply add the notebook record later and back date it (3, 4).
`
`3.2. Patent Specifications
`
`Question: What are the essential features of the Patent specification and the sections of the
`application?
`
`Answer: The specification is a written detailed description of the invention and how to make
`and use the invention. The specification must be written such that a person that is skilled in
`the technology could make and use your invention. The components of the application are
`listed below (5, 6, 9).
`
`•
`
`•
`
`TITLE OF INVENTION
`
`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`(ii), at the option of the disclosing party, destroy any notes or personal memoranda which include or make reference to such
`Proprietary Information.
`3Question: How much does it cost to file a patent?
`Filing a patent is very expensive, and this cost must be weighed in the decision to file a patent and where to file a patent. If the
`inventor files a patent only in her/his home country the costs incurred will include the a) filing fee, b) additional fees depending on the
`number of claims, c) maintenance fees, and d) additional fees required during the prosecution of the case. In addition to the cost of a
`PCT application, if the invention is filed in a foreign country, each country will have its own set of fees. The inventor will have to pay
`fees to translate the patent into the appropriate language for each country. On top of all the filing fees for the application, the inventor
`or the sponsor must factor in the legal fees paid to the patent attorney. Filing a patent therefore can range from $2,000.00 to
`$10,000.00, and the total cost for an issued patent may be much greater than $20,000.
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`•
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`STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR
`DEVELOPMENT
`
`REFERENCE TO A SEQUENCE LISTING, A TABLE, OR A COMPUTER
`PROGRAM, LISTING COMPACT DISC APPENDIX
`
`BACKGROUND OF THE INVENTION
`
`BRIEF SUMMARY OF THE INVENTION
`
`BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`CLAIM OR CLAIMS
`
`ABSTRACT OF THE DISCLOSURE
`
`DRAWINGS (When Necessary)
`
`OATH OR DECLARATION
`
`SEQUENCE LISTING (When Necessary)
`
`TITLE OF INVENTION: The title of the invention may have up to 500 characters, and
`should be as short and specific as possible.
`
`CROSS-REFERENCE TO RELATED APPLICATIONS: Any non-provisional utility
`patent application claiming the benefit of one or more prior filed co-pending non-provisional
`applications (or international applications) under laws 120, 121 or 365(c) must contain in the
`first sentence of the specification following the title, a reference to each prior application,
`identifying it by the application number or international application number and
`international filing date, and indicating the relationship of the applications, or include the
`reference to the earlier application. Cross-references to other related patent applications may
`be made when appropriate.
`
`STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR
`DEVELOPMENT: The application should contain a statement as to rights to inventions
`made under federally sponsored research grants or intramural programs if applicable.
`
`BACKGROUND OF THE INVENTION: This section should include a statement of the
`field of endeavor to which the invention pertains. This section may also include a
`paraphrasing of the applicable U.S. patent Classification Definitions or the subject matter of
`the claimed invention. In the past, this part of this section may have been titled “FIELD OF
`INVENTION” or “TECHNICAL FIELD.” This section should also contain a description of
`information known to you, including references to specific documents, which are related to
`your invention. It should contain, if applicable, references to specific problems involved in
`prior art or missing gaps or needs in existing technology.
`
`BRIEF SUMMARY OF THE INVENTION (different from the Abstract): This section
`should present the substance, objective, or general idea of the claimed invention in
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`summarized form. The summary may point out the advantages of the invention and how it
`solves previously existing problems identified in the BACKGROUND OF THE
`INVENTION.
`
`BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING: Where
`there are drawings, you must include a listing of all figures by number (e.g., Figure 1A) and
`with corresponding statements explaining what each figure depicts.
`
`DETAILED DESCRIPTION OF THE INVENTION: The specification is the description
`along with the claims. In this section, the invention must be explained along with the process
`of making and using the invention in full, clear, concise, and exact terms. This section
`should distinguish the invention from other inventions and prior art. The description for
`biomedical patents often takes the form of experimental examples that are presented with
`materials and methods, results and conclusions. You must write a complete and thorough,
`yet broad, description because you cannot add any new information to your patent
`application once it is filed. If you are required by the patent examiner to make any changes,
`you can only make changes to the subject matter of your invention that could be reasonably
`inferred from the original drawings and description.
`
`3.3. Writing the patent claims
`
`Question: What are the claims of the patent and why are they important?
`
`Answer: The claims are the defining features of the invention and form the legal basis for
`protection. The claim or claims must particularly point out and distinctly claim the subject
`matter that you regard as the invention. The claims define the scope of the protection of the
`patent. Whether a patent will be granted is determined, in large measure, by the choice of
`wording of the claims.
`
`The most important part of the patent is the claims. The claims must be crafted to encompass
`the invention as broadly as possible while not overstepping the requirements of novelty and
`utility. The material covered in the patent application is often referred to as “teaching”
`because an important requirement of the patent is that it “teaches” others how to carry out
`the invention.
`
`The terms in the claims must refer back to words used in the teaching (body) of the patent.
`Importantly, a claim in the patent cannot extend very far beyond what is reduced to practice
`in the data and examples given in the patent. The breadth of a claim becomes a balance
`between what can be argued is novel beyond the prior art, and what is disclosed or logically
`inferred from the teaching of the patent. This is best explained as an example of an invention
`and a discovery in the field of molecular diagnostics.
`
`Imagine that you have discovered that the phosphorylation of a specific site on the molecule
`Beclin-1 shows a strong correlation with disease free survival in patients with multiple
`myeloma who have been treated with dexamethasone. You could file a patent with the
`following claim:
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`“We claim a method of selecting therapy for a patient with multiple myeloma comprising the
`steps a) measuring the phosphorylation level of Beclin-1 in a cell sample derived from the
`patient, and b) determining if the level of phosphorylation is above a defined threshold, and
`c) administering dexamethasone to the patient.” This claim would not cover the use of
`phosphorylated Beclin-1 to choose the therapy for any other type of disease, or any other
`type of therapy besides dexamethasone. A broader claim therefore, might be as follows, if
`there is data or rationale provided in the patent teaching:
`
`“We claim a method of selecting therapy for a patient with a hematologic malignancy,
`comprising the steps of a) measuring the phosphorylation level of Beclin-1 in a cell sample
`derived from the patient, b) determining if the level of phosphorylation is above a defined
`threshold, and c) administering a steroid alone or in combination with another treatment
`modality.” This broader claim can be argued because a) dexamethasone is classified as a
`steroid, and b) multiple myeloma is one of many types of hematologic malignancies
`including myelodysplasias and leukemias.
`
`3.3.1—The claims section must begin with the statement, “What I claim as my invention
`is...” or “I (We) claim...” followed by the statement of what you regard as your invention.
`One or more claims may be presented in dependent form, referring back to and further
`limiting another claim or claims in the same application. All dependent claims should be
`grouped together with the claim or claims to which they refer to the extent practicable. Any
`dependent claim that refers to more than one other claim shall refer to such other claims in
`the alternative only.
`
`3.3.2. In “Claims” every word is important—Claims are the parts of a patent that
`define the boundaries of patent protection. Patent claims are the legal basis for your patent
`protection. They form a protective boundary line around your patent that lets others know
`when they are infringing on your rights. The limits of this line are defined by the words and
`phrasing of your claims (see Note 4).
`
`a. Scope: Each claim should have only one meaning which can be either broad or narrow,
`but not both at the same time. In general, a narrow claim specifies more details than a
`broader claim. Having many claims, where each one is a different scope, allows you to have
`legal title to several aspects of your invention.
`
`b. Important Characteristics: Three criteria to take note of when drafting your claims are
`that they should clear, complete, and supported in the application. Any terms you use in the
`claims must be either found in the description or clearly inferred from the description.
`
`c. Structure of a claim: A claim is a single sentence composed of three parts: the
`introductory phrase, the body of the claim, and the link that joins the two.
`
`4Each individual claim is evaluated by the patent examiner. Each claim is either allowed or not allowed based on its individual merit.
`For this reason the language of the claim is often redundant in stat