How to Write Patent Claims That Actually Protect Your Invention
how to write claims — learn how to write patent claims that are broad, valid, and enforceable. Expert guidance on independent claims, method claims, and comm
[INDUSTRY]Computer hardware
Computer hardware patent attorneys for systems teams
We protect the architecture, the firmware that runs it and the product name, filed before the launch or the teardown. One flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyFormer Naval Engineering Officer. M.S. in electrical and electronics engineering.
Ken BrooksRegistered Patent AttorneyMaterials science and engineering. Patents in software, AI, and electrical and mechanical systems.
[01]Who it's for
For the people who build computer hardware.
From a first working board to a company shipping its next product line, the work starts the same way. Find out what is new, then protect it before it goes to a manufacturer, a test lab or a customer.
Computer and server makers
Systems, storage and data center hardware, protected before the first pilot or investor meeting.
Peripheral and accessory makers
Keyboards, docks, input devices and accessories, from how they work to how they look.
Embedded and firmware teams
Boards and the firmware that ties the components together, claimed as the system and what it does.
Networking and data center teams
Networking gear, cooling and the hardware that keeps racks running, protected as each version ships.
[02]What's protectable
Four things worth protecting in computer hardware.
Most hardware products carry more than one kind of protection. A patent on how it works, a design patent on how it looks and a trademark on its name each stop a different kind of copy.
01Utility patent
The architecture and how it works
How the components connect, move data and stay cool. Claims are written around what your design does better than what ships today, such as faster transfers, lower power or a smaller footprint.
- Memory and storage systems
- Interconnects and networking hardware
- Cooling and thermal management
- Board and circuit designs
Flat fee, quoted before work begins02Utility patent
Firmware and the hardware it runs
The firmware or control method that makes the hardware work better, claimed as a system and as the method it performs, tied to a technical result rather than an abstract idea.
- Firmware and controllers
- Power and thermal management
- Secure boot and device security
Flat fee, quoted before work begins03Design patent
The look of the product
The ornamental design of a case, a chassis, a peripheral or an on-screen interface, protected for 15 years from grant.
- Cases and chassis
- Peripherals and accessories
- On-device screens and icons
USPTO denies it, full refund*04Trademark
The product and company name
Clear and file the name before it goes on datasheets, packaging and the product itself, so the name you build a reputation on is one you can keep.
- Product line names
- Company names
- Logos
Approved, or your money back*
Teardowns favor patents
Once a product ships, anyone can open the case and study the board. What a teardown reveals is better patented. A manufacturing process, test settings or firmware source no one can see may be worth more as a trade secret. Your attorney tells you which on your first call.
[03]The flat-fee path
Search, provisional, utility. Flat fees at every step.
Every step is quoted before any work begins, and the search fee is credited toward a design or non-provisional application. Most hardware founders file a provisional before certification testing, a contract manufacturer or a launch, then the full application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited toward a design or non-provisional application
- An invention discovery call with your attorney
- A search of US and foreign patents and published applications
- A written patentability report and a review call
Report in about 5 days
Not patentable, full refund*02Then
Provisional patent
$2.5k–3.5k
- A strategy call to capture how the hardware works
- Schematics and block diagrams included
- You review and approve it before filing
Patent pending the day it is filed
Patentability issues, full refund*03Within 12 months
Non-provisional patent
$7k–12k
Drawings and USPTO filing fees included
- System and method claims written for examination
- Formal drawings and USPTO filing fees
- Complex systems quoted flat on your call
Filed before your 12-month deadline
Flat fee, not covered by the guarantee
Alongside the patent
- Design patentFor the case, chassis or screen, office actions included$3,200USPTO denies it, full refund*
- TrademarkFor the product name, USPTO fee for one class included$2,000Approved, or your money back*
*Refunds subject to the RLG Guarantee Policy in your engagement letter. Utility (non-provisional) patents are quoted flat and are not covered by the guarantee. How The RLG Guarantee works
[04]Standards and launch
Standards, testing and launch. Plan them together.
A patent decides who can make and sell the hardware. Standards work, certification testing and launch decide when others first see it, and what you have promised to license. The timing of each shapes the others.
PatentWho can make and sell it
- $99901$999SearchWhat is already out there?
- File first02File firstProvisionalPatent pending, schematics included
- Month 1203Month 12Full applicationWithin 12 months
- USPTO04USPTOExaminationThe USPTO reviews the claims
- 05GrantedRights you can enforce
ProductWhen others see it
- Use an NDA01Use an NDAPrototypeBoards, firmware and enclosures
- Use an NDA02Use an NDAManufacturerQuotes, samples and tooling
- Records go public03Records go publicCertificationFCC and safety testing
- Disclosure risk04Disclosure riskLaunchReviews and teardowns
- 05ProductionSales and new versions
File before the teardown
Once a product ships, anyone can open it. An FCC equipment authorization is published when it is granted, often with photos of the device, and a trade show, a datasheet or a review unit can make the invention public too. File at least a provisional first.
Standards come with licensing promises
Contributing to a standard can mean promising to license the patents it needs. IEEE, for example, asks patent holders for a letter of assurance to license on reasonable terms, free of unfair discrimination. Read the patent policy before your engineers contribute.
How patent licensing agreements workCopies made abroad can be stopped at the border
When infringing hardware is made overseas, the US International Trade Commission can order it excluded from entry under Section 337. A granted patent is what makes that possible.
Dealing with overseas infringementClaim the system and the method
When firmware runs the hardware, claim both the system and the method it performs, tied to a technical result such as faster transfers or lower power. A competitor then has to avoid both.
How to write patent claims
General information, not legal, export control or regulatory advice. Certification and export rules depend on the product and where it is sold.
[05]Related services
Services for computer hardware companies.
One firm for the patent, the brand and the agreements around them.
- Utility patentsProtect how the hardware works
- Provisional patents, covered by The RLG GuaranteePatent pending while you build and test
- Design patents, covered by The RLG GuaranteeProtect how the product looks
- Trademarks, covered by The RLG GuaranteeRegister the product and company name
- Software patentsProtect the firmware and control methods
- Non-disclosure agreementsShare with manufacturers on your terms
- Contracts and agreementsSupplier and manufacturing agreements
- Technology transfer agreementsMove technology between partners
[06]Questions
Before you file.
Still deciding? Your first call is free and comes with a straight answer on whether to file.
Book A Free Strategy CallCan computer hardware be patented?
Yes. New architectures, storage and memory systems, interconnects, cooling designs and the methods that run them can be patented when they are new and not obvious. Computer hardware is a crowded field, so the claims have to focus on what your design does that earlier ones do not, which is why the work starts with a search.
How do you patent hardware that runs firmware?
Claim both sides. A system claim covers the hardware and what its processor or controller is set up to do, and a method claim covers the steps it performs. Tying the claims to a technical result, such as faster transfers or less power used, helps show the invention is more than an abstract idea.
Can copyright protect computer hardware?
Only in part. Copyright covers firmware and software code, manuals and on-screen graphics. It does not cover how the hardware works, and it covers the shape of a functional product only in narrow cases. How it works calls for a utility patent, and how it looks calls for a design patent.
Do export rules apply to computer hardware?
Some, yes. Certain computers, networking gear and hardware that uses encryption are controlled for export under the Export Administration Regulations. Check how the product is classified before you ship it abroad or share its technical data with foreign partners.
What is the difference between a patent agent and a patent attorney?
Both are registered with the USPTO to prepare and file patent applications. A patent attorney is also a licensed lawyer, so the same person can advise on the agreements, licensing and disputes around the patent. Our applications are drafted by registered patent attorneys.
How much does a computer hardware patent cost with your firm?
Flat fees at every step. A $999 patentability search, a provisional application at $2,500 to $3,500 depending on the invention, and a non-provisional application at $7,000 to $12,000 with drawings and USPTO filing fees included. A design patent is $3,200. Every fee is quoted before work begins, and the search fee is credited toward a design or non-provisional application.
What does The RLG Guarantee cover for computer hardware?
The patentability search, the provisional application, design patents and trademarks. If the search finds your invention is not novel, you get a full refund or another search. If patentability issues come up on your provisional, a full refund or more searches. If the USPTO denies your design application, you get a full refund. If it refuses your trademark, you get a refund or a new mark. Non-provisional applications are not covered. Refunds are subject to the RLG Guarantee Policy in your engagement letter.
[07]Learning Center
Go deeper before you file.
Design Patent vs Utility Patent: Shield Your Product Design with the Right Legal Protection
One of the most common questions we encounter during our initial consultation is what type of patent application do I need? What are the differences between a design…
Using Design Patents to Protect Graphical User Interfaces
One of the most important aspects of software and mobile applications is the user experience, which is closely tied to the graphical user interface (GUI) of the software…
Why Every Innovator Needs a Patent Non Disclosure Agreement Before Sharing Ideas
Important Clarification: There’s no such thing as a “patent non disclosure agreement” as a distinct legal document. What inventors need are standard non-disclosure…
5 Examples of Trade Secrets and How They Fit into Your Intellectual Property Strategy
Explore 5 famous examples of trade secrets, from Coca-Cola to Google, and learn how to fit trade secrets into your IP strategy. Book a free IP strategy call.
What Is a Patent Licensing Agreement? Key Terms and Why They Matter
Learn what a patent licensing agreement grants, how exclusive and non-exclusive terms differ, and which clauses protect you. Book a free IP strategy call.
[08]Client reviews
Founders who filed with us.
4.7 across 614 public reviews on Google, Trustpilot and Avvo.
#1Top reviewed IP law firm*
Read client reviews“A detailed analysis and report was provided once the search was completed. They answered all of my questions in a timely manner and advised me on the best strategies moving forward.”
Brittany LongPrior art search · Client review “Completed the patent search and utility patent within weeks.”
Michael F.Utility patent · Google “Answered every question I had with a phone call directly.”
Tim A.Trademark · Google
Reviews reflect individual client experiences. Quotes are excerpts. Prior results do not guarantee a similar outcome. *#1 top reviewed means the most public client reviews on Google, Trustpilot and Avvo of any US patent or trademark firm.
Protect the hardware before it ships.
Talk through your hardware with a registered patent attorney. The call is free, with no obligation.