This course provides a working knowledge of patentability in Europe, in particular novelty of different forms of claims and the problem-solution approach (inventive step). Participants get a better understanding of the claim drafting process such that they can better work together with the patent attorney and they can better review his work.

Legal requirements in Europe that shape the claims


  • Scope of protection and its relation with infringement
  • Independent & dependent claims
  • Claim categories
  • Claim formats, interpretation, scope, fall-back positions
  • Essential features and clarity


Patentability of the claims in Europe


  • State of the art – technical teaching, enablement
  • Novelty
  • Inventive step, the problem solution approach
  • Unity, alternatives, inter-related items – ‘plug & socket’


Starting to draft


  • Determining the business and needs of the client
  • Analyzing of potential infringers
  • Distilling the invention disclosure to its essentials,

    deriving key features and effects of the invention
  • Analysing the prior art
  • Identifying the features that define the invention


Drafting the claims


  • Selecting claim category
  • Selecting claim object
  • Drafting an independent claim to cover the invention, and defines only the essential features
  • Drafting in the two-part form
  • Selecting dependent claims