The Claims’ Status in the Patent Applications in the Scope of Patent Protection

Document Type : Original Article


1 Private and Islamic Law Department, Faculty of Law and Political Science, University of Tehran

2 Private Law, Faculty of law, University of Tehran, Tehran Iran



Nowadays, in the field of inventions, the importance of the claims in the declaration is not hidden from anyone. In other words, the beating heart of a patent application is the claims contained in a declaration. Despite the importance of the claims, the Law on Patents, Industrial Designs, and Trademarks, approved in November 2007, does not define the claim. Also, the law does not specify rules about, how the claim should be interpreted, why the claim was written, whether or not the inventor should write the claim, and the types of claims and other issues. Therefore, it is necessary that the claim the function and also the types of claims be ruled by the legislator. Therefore, in this article, with the analytical and descriptive method, an attempt has been made to study the position of the claim, and function of the claim, which has a very important role in the protection of the invention. Therefore, it is suggested that in the draft proposal for the protection of industrial property, a part of the law be devoted to the subject of the claim and instead of the characteristics of the claim, the intrinsic elements of the claim be mentioned.


Main Subjects