Last updated: August 17, 2026

What Should I Include in the Scope of My Claim?

The scope of claims are examined as a whole, giving the broadest reasonable interpretation while taking into account and keeping in line with the description. Factors considered when analyzing claims for compliance with the written description requirement include:

Actual reduction to practice. Has the invention already been built or tested and proven to work as purposed? Though reduction to practice may contribute substantial weight to a claim, note that it is not required to meet the written description requirement.
Disclosure of drawings or structural chemical formulas. An applicant may show possession of an invention by disclosing drawings or structural chemical formulas that are sufficiently detailed enough to show that the applicant was in possession of the complete claimed invention.
Sufficient relevant identifying characteristics. This includes complete and partial structures, physical and chemical properties, as well as functional characteristics if it correlates to the structure.
Method of making the claimed invention.
Level of skill and knowledge in the art. What is conventional or already well known to one skilled in the art need not be disclosed in detail.
Predictability of the art. See our article on obviousness.

Torrey Pines Law Group, PC serves technology innovators with protecting intellectual property, obtaining regulatory approvals and clearances, and making deals and closing technology transactions throughout the U.S., including in major technology hubs such as San Diego, San Francisco, Palo Alto, San Jose, Silicon Valley, Boston, Cambridge, Chicago, Minneapolis, Houston, Dallas, Atlanta, Denver, Seattle, Portland, Boulder, Orlando, the Research Triangle (Raleigh, Durham, and Chapel Hill), the Mid-Atlantic (New Jersey, New York, Philadelphia, Maryland, Virginia, and Washington, DC), Pittsburgh, Cleveland, Ann Arbor, and throughout Southern California in Los Angeles, Orange County, Irvine, Torrey Pines, Sorrento Valley, and La Jolla.

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