What is a patent specification?

A complete specification is a document filed with a patent application which sets out what the invention is and how it works. It must be sufficiently comprehensive that it could be picked up by a person skilled in the art and performed without the need for undue experimentation.

As well as the claims, which define the scope of the invention, a patent specification will also often include examples and drawings in order to assist with disclosing the invention and how it works in the best way possible.

What are claims?

Claims are statements at the end of a patent specification which set out the boundaries of what the inventor or Applicant claims to be the scope of their monopoly. Given this, there is a strong argument that they are the most important part of the patent specification. They are the aspect of a patent specification which draws the strongest consideration both in the course of examination of a patent application, as well as litigation which may subsequently arise.

Because of this, the language used in claims is extremely important in order to adequately cover the invention while not being of excessive width and extending the claim of protection beyond what has been invented.