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Glossary of Claim Terms

Claim Terms Background

Engineering IT design with python computer language code text and gears blueprint. Wide horizontal composition.

A typical U.S. patent specification is about 20-30 pages in length. Everything in that specification exists to support the patent claims, the numbered paragraphs at the end of a granted patent. Those claims define the scope of the invention what is excluded from the public domain in favor of the patent holder. For new attorneys and agents, finding the correct terminology for both the components, and their relationship can be challenging. The glossary of claim terms that follows helps identify the lexicon for various engineering disciplines.

Mechanical Claims

For mechanic and process claims, it is important to do more that list out the components (unless it is a composition claim). Describe the relationship between the components. For example, a pencil might have both an elongate wooden housing and a corresponding elongate graphite member. However, an experienced patent attorney will describe the relationship with greater precision:

a substantially rigid elongate member permanently encasing a pigment core extending through the longitudinal axis of said member, the member carvable to expose the pigment core whereby the exposed core creates visible marks upon a surface medium by physical abrasion.

Computer Software Claims

For computer software, the 2014 Supreme Court decision in Alice v. CLS Bank sought to prevent broad, abstract claims of a common process enabled on a general purpose computer from preempting future innovation. To that extent, computer software patent claims should focus on how (1) the innovation changes the operation of the computer or peripherals; and (2) integrate into a defined, practical solution. For more detailed information on this, see our post of USPTO Guidance on the subject.

Computer terminology to avoid (without more): receiving; detecting; analyzing; outputting; reporting; gathering; transmitting.

Computer terminology to use: partition; synthesize; combine; cluster; convert; extract; produce; block.

Table of Contents

Mechanical Components

Interaction Methods

Material Forms & Properties

Functional Groups

Geometric and Spatial Relationships

Operative Effects and Actions

Specialized Applications

Computer and Software Components

Hardware Elements

Network and Communication

Software and Algorithms

Digital Structures

Interactive Elements

Security and Encryption

Programming and Development

Computational Processes

Software Architectures

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