Claims are the part of complete specification,which differentiate it from provisional specification. In other words we can say that complete specification has claims whereas provision can be filed without claims . Claims defines the contour of rights, if and when a patent is granted for an invention. Hence claims are most critical part of patent so this must be drafted with utmost care so as to cover all the aspect of an invention.In an application for patent, description is followed by claims. A claim has three part namely
- Transitional phase and
P.S. It is mandatory for complete specification to contains at least one claim.
Claims can be independent or dependent. In a patent application usually the first claim is independent and is called as principle claim . There can be any number of patents in the complete specification of invention. Every claim may or may not have different priority date. Every claim is independent of another i.e if one of the claim is rejected this does not mean that other claims will also be treated as rejected claim. Every claim is scrutinized independently for its novelty.
Fee: The fee for first 10 claim is included in the fee of application. For claims exceeding 10, every claim is charged Rs 200(for natural person)/Rs 800 (for not natural person) .