Structure of patent claims

Apart from ensuring that the patent application contains i) an enabling disclosure of the invention, and ii) patent claims worded in broad, but clear and concise terms, the inventor - often in collaboration with a professional patent attorney - must make sure that the structure of the patent claims covers both broad aspects as well as specific embodiments of the invention. Unless the claims are carefully structured, the inventor risks being deprived of both legal protection, licencing opportunities and revenue from the commercial exploitation of the invention. This is particularly the case when insufficient “fall-back” positions are included into the patent application.

Insufficient “fall-back” positions in the form of a middle-ranking set of patent claims - offering protection of more than merely specific embodiments of the invention - prevent the inventor from effectively defending his right against prior art citable against claims directed to the broadest patent claims. It is the job of a professional patent attorney to ensure that effective “fall-back” positions are included into the patent application.