Relationships between Claim Structure and the Competitiveness of a Patent

A patent’s competitiveness becomes crucial for the enforcement of patent right to protect business and ensure profits of companies. This study quantitatively analyses patent applications related to patent infringement lawsuits filed in trial courts in Japan. The total number of independent claims (k) and the maximum number of independent claims within a single claim category (l) at the time of filing patent applications of winning patents are found to have significant positive correlation with the number of references listed in Japanese granted patent publications or the like (x) in the case of winning patents, but not in losing patents. These results indicate that ensuring of the maximal technological scope of invention while avoiding envisioned prior inventions at the time of filing patent applications is critical to obtain a competitive patent and that patent applications in competitive fields should have more independent claims.