A patent is a legal document that bestows the inventor with an exclusive intellectual property right to prevent others from commercially exploiting the patented invention. A complete patent specification consists of the following elements:

1. Title
2. Field of the invention
3. Background
4. Summary
5. Brief description of drawings (if any)
6. Detailed description
7. Abstract
8. Claims
9. Drawings (if any)

Of all the elements of a complete patent specification, claims are the most important. They define the boundary of a patent, which means that they tell us about what is sought to be covered by the patent. Claim is a statement of technical facts expressed in legal terms which defines the scope of any invention.

The structure of a claim consists of three essential components: the preamble, the transition, and the body of the claim.

1. Preamble is an introductory statement that defines the nature of the invention. For example: “A process of…,” “A device….”
2. Transition or a transitional phrase establishes a link between the preamble and the body of the claim. This phrase defines the broadness of the claims. Below are the types of transitional phrases: Comprising: it is an open claim which is non-limiting. It means “includes”. Comprising ‘X’ & ‘Y’ may mean ‘X’ & ‘Y’ & ‘Z’. Consisting essentially of: it means including ‘X’, ‘Y’ and anything else that doesn’t change the essential function of the invention. Consisting ‘X’, ‘Y’ and ‘Z’, only if ‘Z’ is unimportant. Consisting: it is a closed claim. It means containing ‘X’ & ‘Y’ and nothing else.
3. Body of the claim follows the transition and sets forth all the limitations while establishing the relationship between the different limitations.

Essentially, there are two types of claims, that is, independent and dependent claims.

A patent is started with an independent claim, which is the broadest claim and is like a blueprint or the big idea which is unique or distinct and that the inventor is claiming as theirs. It stands on its own without relying on anything else to define it. Dependent claims are narrower claims and depend on a reference independent claim.

But, in pharmaceutical patents, there are some specific claims present which include:

Drafting broad claims is very important and there are some things to be kept in mind:

1. Be clear and specific, claim should be concise and easy to understand.
2. It should be distinct, which means that it should be unique; it should claim your product or service apart from others.
3. It should avoid generic terms, which could be used by competitors.
4. Consult legal professionals such as patent agents who can provide guidance on drafting claims.