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Formulating Claims: Avoid Of Infringement Of A Patent (Essay Sample)


Understanding how to write claims that are broad but also precise in meaning is a difficult concept for many individuals starting to draft patents. Before drafting your claims, start by picking three specific objects that might be in your invention; for example, a color LCD touch screen. Provide a broad description of these objects that is also specific to the object's function. You could describe the color LCD touch screen as an interactive user interface, or split the object's description into two parts, a user interface and a display to relay information to the user. Remember, even wording the description as a display with a touch interface could allow someone to navigate around your patent by having buttons or some other interface under a display.

After analyzing the claims of prior art and examples in the Patent Basics video, draft the independent and dependent claims for your invention. Remember, the strength of your claims is based on the wording, not the number of claims. You must make your claims as broad as possible without infringing on other patents. In order to broaden your claims, you should minimize the number of elements in your claim while maximizing the scope of each element. Claims must be written in the proper form and should include at least one independent claim and several dependent claims.


Formulating Claims

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Formulating Claims

The powered pesticide sprayer is a digitized pesticide sprayer that allows the farmer to spray their crops without using the manual lever. Its main features include the main tank, sponge cushion, power storage battery of 14V, 9 AH with a speed controller, spray lance, three plastic nozzles, charger and measuring cup. It is used by small-scale farmers to control pests and weeds. First, the farmer does calculations using a computerized gadget to allow them to measure the exact amount of pesticide needed for a particular size of the land. Once farmers have done their calculations, they mix chemicals with water in the right proportions using the obtained calculations. They then pour the chemical mixture into the main tank of the sprayer and press a digital button as they move from one plant to another.

As stated in Section 112 of the patent laws, the patent must contain a clear description of the invention (Legal Information Institute, 2018). The entire process, the method of making and using the invention must be provided by the owner in full, concise and clear terms to allow any other individual with the similar idea to make some references to avoid violation of various claims (Legal Information Institute, 2018). Thus, I will give a clear description of the claims that I would want to put on my invention to help the future inventors to avoid infringement of my patent.


1. The powered pesticide sprayer consists of a ten-liter tank with the two internal small chambers, of which one chamber is used for mixing the chemicals and the other to create the pressure required to expel the solution from the main tank to the crops. A power operated piston that uses the power from a 14V, 9 AH battery fixed on the right-hand side of the sprayer with charging port at the upper section. The sprayer also has an inbuilt electrical pump to create pressure inside the pressure tank. The speed controller regulates the speed at which the piston allows the solution to enter into the pressure chamber. It also consists of a stainless-steel cylinder through which the piston moves up and down to allow the entry of liquid into a pressure chamber. Adjustable copper coated lance with a removable nozzle at one end and a digitalized button at the point of intersection with the

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