Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: iper on August 06, 2020, 06:04:51 AM

Title: Is it possible to claim something in a broader way than the description?
Post by: iper on August 06, 2020, 06:04:51 AM
Hello

Is it possible to have a claim that is broader than what the description mentions?

Will this protect you against all the alternative embodiments that fall within that claim or your protection will only be limited in what the description says?

Thanks!
Title: Re: Is it possible to claim something in a broader way than the description?
Post by: Brad on August 06, 2020, 08:17:58 AM
Yes you can try but if you do not have support for the broader claims in your text the patent examiner may not allow that claim .

For example, if your description teaches a chair with 4 legs and you want to claim a chair with an unlimited number of legs the patent examiner may limit you to just 4.   If you think its possible to have a chair with 8 legs or 10 legs you should at least try to mention that in your text and figures.