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---
layout: post
title: "What Is a Patent Claim?"
title: "Patents and Their Claims"
date: 2024-06-09
place: Moscow, Russia
tags: business
Expand Down Expand Up @@ -43,7 +43,7 @@ for a period of three years. Since then, [over 3.5 million patents](https://www.
have been issued by different _patent offices_ around the globe to respected
inventors.

**Who is a [patent office](https://en.wikipedia.org/wiki/Patent_office)?**
**What is a [patent office](https://en.wikipedia.org/wiki/Patent_office)?**
It's a security organization funded by a government:
[USPTO](https://www.uspto.gov/) in the United States,
[EPO](https://www.epo.org/en) in the European Union,
Expand Down Expand Up @@ -103,23 +103,31 @@ $3,760 in 7 years,
$7,700 in 11 years.
Not cheap, huh?

Now, the breadth. Consider two _patent claims_:
Now, the breadth. Consider three _patent claims_:

* "An apparatus comprising a file reader; a file writer; and a compressor."
* "An apparatus consisting of a file reader; a file writer; and a compressor."
* "A file compressing method comprising
a reader of JPEG files;
a probability distribution calculator;
a discrete transformer;
a bla-bla-bla optimizer;
an intermediate storage;
a writer of JPEG files."
* "A Lempel–Ziv based data compression method comprising:
converting input stream into ψ-tokens;
reducing redundancy via Prishvin Ω(x) factorials;
serializing through Turgenev 𝛾-extremums."

The first claim is much broader: it probably covers all possible file compressing
software tools ever created. Such a broad patent claim won't even be
[accepted](https://en.wikipedia.org/wiki/Patentability)
by USPTO if you file it. They will do a quick search of _prior art_ (other
patents previously issued) and reject you on the basis of a lack of
[_novelty_](https://en.wikipedia.org/wiki/Novelty_%28patent%29).
The second claim is narrower, but still pretty broad, since the architecture
of other existing compressors may be very similar to the described one.
The third claim is the most narrow and the most specific (although, have
absolutely no sense, it is made up).

**How to write a good patent claim?**
There is no such thing as an objectively [good claim](https://support.lens.org/knowledge-base/what-are-claims/),
Expand All @@ -135,17 +143,19 @@ you write the claim. At least its first version.
There is a more or less strict structure of a claim:
preamble, transitional phrase, and body:

| 1) Preamble | 2) Transitional Phrase | 3) Body |
| Preamble | Transitional Phrase | Body |
| --- | --- | --- |
| An apparatus | comprising | a file reader; a file writer; and a compressor. |
| An apparatus | consisting of | a file reader; a file writer; and a compressor. |
| A file compressing method | comprising | a reader of JPEG files; a probability distribution calculator; a discrete transformer; a bla-bla-bla optimizer; an intermediate storage; a writer of JPEG files. |
| A Lempel–Ziv based data compression method | comprising | converting input stream into ψ-tokens, reducing redundancy via Prishvin Ω(x) factorials, serializing through Turgenev 𝛾-extremums. |

The [preamble](https://www.wilmerhale.com/insights/publications/patent-claim-preambles-july-16-2003)
must position your invention among all other devices
and methods in the prior art. The "an apparatus" preamble is very broad:
it could mean any device in the world, even not only
from the computing domain. The "a file compressing method" preamble
is much narrower.
is much narrower, while "a Lempel–Ziv based data compression method" is the
most narrow one, with almost no ambiguity for the interpretation.

The body of a [patent claim](https://ocpatentlawyer.com/basics-writing-claim-patent-application/)
must iterate the elements that constitute
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