Star Health filed a patent application titled "system and Method for Automated Content Creation and Distribution Using Machine Learning-Based Template." The invention claimed an AI-driven platform capable of automaticall

Answer 1(b) Significance of Patent Claim: The patent claims define the scope of exclusive patent protection in terms of the technical features of the invention. They establish what the inventor has the exclusive right to make, use or sell and what constitutes infringement. The claims are the legally operative part of a patent application and whether or not an invention meets the patentability requirements of novelty, inventive step and industrial applicability is determined on the basis of the claims. Any mistake in drafting patent claims could result in either a denial of the patent or the grant of an utterly useless patent. Only the patent claims define the scope of protection granted by a patent. The rest of the patent specification only helps explain the invention in detail. Claims, thus define the contours of legal rights when the patent is granted. Section 10 (4) (c) of the Patents Act, 1970 states that every complete specification must end with a patent claim or claims. Key Considerations while drafting a patent claim: There is no rigid or straight jacket formula for drafting a patent claim. Drafting patent claims requires translating a technical invention into a precise legal framework. It depends on what sort of protection the Applicant seeks to claim on that invention. Depending on the protection sought by the applicant the claim may be constructed in a broad or narrow manner in reference to existing prior art. However, care must be taken to ensure that the patent claims are neither too broad (it cannot include what the applicant has not invented) nor too narrow (where the applicant may lose out on a necessary protection). Claims should focus on structure and function and not results. They also need to be reviewed against prior art. Given the difficult nature of drafting patent claims, it is clear that drafting expertise is required to draft proper patent claims. It is always better to engage professional services to draft a patent specification. Case Laws In Patent Application No. 7795/DELNP/2007, order dated May 9, 2019 it was stated that reason for patent rejection was the lack of clarity and conciseness. It was decided that the claims were unclear since different meanings of the invention were provided in separate claims. Determining the invention's breadth was challenging due to the presence of numerous distinct claims. Moreover, the preamble of the claims made no mention of the function or object of the claimed device. Several statements listing various methods were unclear in terms of their structural characteristics. Regarding the assertions, there was no support in the description. The claims were ambiguous because certain structural elements were missing. In the case of Press Metal Corporation Limited V. Noshir Sorabji Pochkhanawalla (1982 PTC 259 (Bom)) , It was held that - "It is the duty of a patentee to state clearly and distinctly the nature and limits of what he claims. If the language used by the patentee is obscure and ambiguous, no patent can be granted, and it is immaterial whether the obscurity in the language is due to design or carelessness or want of skill. It is undoubtedly true that the language used in describing an invention would depend upon the class of person versed in the art and who intend to act upon the specifications. In the present case, the invention is described in an obscure and ambiguous language, and on this ground, the patent is liable to be refused".