- As the value of a patent depends largely upon the scope of the claims, special care is necessary to ensure that the claims are drafted to include neither more nor less than what the applicant desires to protect by his patent.
- Claims must not be too extensive so as to embrace more than what the applicant has in fact invented. A claim, which is too wide, encroaches upon the subject matter, which may be in public domain or belong to others.
- However a claim must not be too narrow also because such a claim would not be sufficiently effective in preventing infringement of the patent. An infringer would go scot-free, if the claim were too narrow and , hence, the full benefit of invention may not accrue to the inventor.
- Having many claims, where each one has a different scope, allows the applicant to have legal title to several aspects of the invention. In a good drafting, it begins with broad claims and develops towards claims that are narrower in scope. In general, a narrow claim specifies more details than a broader claim.
- Passages which confuse the scope of the invention or claims that are unspecific (e.g. those claiming “Any novel matter...”) should not be filed.
- A claim shall be for the protection of either a product or process or apparatus or all of them, as the case may be, and shall be in one sentence according to the standard practice.