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]Robotics and automation
Robotics patent attorneys for automation startups
We protect the mechanism, the control software, the robot's look and its name, with claims that cover the hardware and what it does. One flat fee for each step.
Your attorneys
Andrew RapackeManaging Partner · Registered Patent AttorneyElectrical and computer engineering. Former Naval Engineering Officer.
Ken BrooksRegistered Patent AttorneySoftware, AI and machine learning, electrical and mechanical systems.
[01]Who it's for
For the people who build robots.
From a lab prototype to a company shipping robots to factories and homes, the work starts the same way. Find out what is new, then protect it before a pilot, a trade show or a paper makes it public.
Robotics startups
Founders building new robots, arms and grippers, protected before the first pilot customer or investor demo.
Industrial automation teams
Work cells, material handling and inspection systems for factories and warehouses.
Mobile and field robots
Robots that move through warehouses, farms, hospitals and homes, with the navigation and safety systems that run them.
Robot software and AI teams
Motion planning, perception and learning methods, claimed as the technical process the robot performs.
[02]What's protectable
Four things worth protecting in a robot.
A robot combines mechanical, electrical and software inventions, and each can be protected. 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 mechanism and how it moves
Arms, joints, grippers, actuators and drive trains. Claims are written around what makes your mechanism work better than what is in use today, such as more reach, less weight or a safer grip.
- Arms, joints and end effectors
- Grippers and hands
- Actuators and drives
- Mobile bases
Flat fee, quoted before work begins02Utility patent
Control, perception and software
Motion planning, sensor fusion, control loops and learning methods, claimed as a system and as the method it performs, tied to a physical result such as a faster pick or a safer stop.
- Motion planning and control
- Vision and sensor fusion
- Robot learning
- Fleet management
Flat fee, quoted before work begins03Design patent
The look of the robot
The ornamental design of the robot's body, a gripper, a teach pendant or a control screen, protected for 15 years from grant.
- Robot bodies and housings
- Grippers and tools
- Pendants and control screens
USPTO denies it, full refund*04Trademark
The product and company name
Clear and file the name before it goes on the robot, the data sheet and the trade show booth, so the name customers know is one you can keep.
- Robot and platform names
- Company names
- Logos
Approved, or your money back*
Some things stay secret
Training data, tuning parameters and manufacturing methods no one can learn from the finished robot may be worth more as trade secrets than as a published patent. 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 when you file. Most robotics founders file a provisional before a pilot, a trade show or a paper, then the full application within 12 months.
01Start here
Patentability search
$999
Patentable or your money back. Credited when you file
- 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 robot works
- Drafted by a registered patent attorney
- 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
- Mechanical, electrical and software claims
- 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 robot's body or control 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]Pilots and safety
Filing, pilots and safety. Plan them together.
A patent decides who can make and sell the robot. Pilots, trade shows and papers decide when others first see it, and safety standards shape how it is built. The timing of each shapes the others.
PatentWho can make and sell it
- $99901$999SearchPatentable, or your money back
- File first02File firstProvisionalPatent pending, before the pilot
- Month 1203Month 12Full applicationWithin 12 months
- USPTO04USPTOExaminationThe USPTO reviews the claims
- 05GrantedRights you can enforce
ProductWhen others see it
- Use an NDA01Use an NDAPrototypeLab builds and test rigs
- Use an NDA02Use an NDAPartnersIntegrators, suppliers and manufacturers
- Disclosure risk03Disclosure riskPilotA customer runs it on site
- Standards04StandardsSafety reviewRisk assessment against standards
- 05ProductionSales and new versions
File before the pilot or the paper
A pilot at a customer site, a trade show demo, a research paper or a video of the robot at work can make an invention public. The US gives you one year after your own disclosure, but most other countries do not. File at least a provisional first.
Claim it so one company infringes
When a robot works with a cloud service or a customer's own equipment, write claims that one party performs in full, such as the robot alone or the controller alone. Under Akamai v. Limelight (2015), steps split between companies are hard to enforce unless one of them directs or controls the others.
How to write patent claimsSafety standards sit beside your patent
Standards such as ISO 10218 for industrial robots set safety requirements, and meeting them is separate from owning the design. A safety feature that works in a new way can be patentable in its own right.
Utility patents explainedJoint development needs clear ownership
Integrators, suppliers and research partners often help build the first systems. Agree in writing who owns new inventions before the work starts, since a co-inventor can end up a co-owner of the patent.
The value of an NDA
General information, not legal or safety compliance advice. The standards that apply depend on the robot and where it is used.
[05]Related services
Services for robotics companies.
One firm for the patent, the brand and the agreements around them.
- Utility patentsProtect how the robot works
- Provisional patents, covered by The RLG GuaranteePatent pending before a pilot or a show
- Design patents, covered by The RLG GuaranteeProtect how the robot looks
- Trademarks, covered by The RLG GuaranteeRegister the product and company name
- AI patentsProtect perception and learning methods
- Technology transfer agreementsMove technology between labs and partners
- Non-disclosure agreementsShare with integrators and suppliers on your terms
- Patent litigationEnforce or defend a robotics patent
[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 a robot be patented?
Yes. New mechanisms, grippers, actuators, sensors and the control methods that run them can be patented when they are new and not obvious. Most robots combine known parts, so the claims focus on what your design does that earlier ones do not, which is why the work starts with a search.
Should I patent the hardware or the software?
Often both. Mechanical claims cover the arm or the gripper, and system and method claims cover what the controller does. Software tied to a physical result, such as moving an arm more precisely or stopping safely near a person, is on firmer ground under the abstract idea test than software that only processes data.
Can robot software and AI be patented?
When it is claimed as a specific technical process that changes how the robot senses, plans or moves, often yes. A general idea, such as using machine learning to pick items, is not enough on its own. The patentability search shows where your method stands before you file.
Do I need a design patent for my robot?
If customers recognize the robot by its look, a design patent protects that appearance for 15 years from grant, whether it is the body, a gripper or a control screen. It covers lookalikes even when the copy works differently inside, so many robotics companies file both a utility and a design patent.
Who owns an invention made with a partner or a university?
It depends on who contributed to the claims and on your agreements. Without an agreement, each co-owner of a US patent can use and license it without the others' consent. Settle ownership in writing before joint development, a pilot program or sponsored research begins.
How much does a robotics 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 for the robot's look is $3,200. Every fee is quoted before work begins, and the search fee is credited toward your application.
What does The RLG Guarantee cover for robotics?
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.
Autonomous Vehicle Patents: What Founders and Engineers Need to Know
Who owns autonomous vehicle patents, what protects your AV stack, and how to file before competitors do. Book a free IP strategy call with a patent attorney.
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…
Provisional Patent Application: The Fastest Way to Get Patent Pending
A provisional patent application is your gateway to the coveted ‘patent pending’ status, offering a crucial head start in the competitive world of innovation. By filing…
What Is Patent Virtual Marking, and Why It Matters for Your Patent Rights
Patent virtual marking errors can erase years of damages. Learn what 35 U.S.C. 287(a) requires, the costliest mistakes, and book a free IP strategy call.
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.
[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“Andrew Rapacke and his team are exceptional. They did our provisional and non provisional patents. The entire team is professional and an ease to work with.”
Von DorjevskiFounder, Inguardia Health · Client review “I am now patent pending and patiently awaiting approval on my patent application.”
Thomas AndrewsPatent application · Client review “Completed the patent search and utility patent within weeks.”
Michael F.Utility patent · 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 robot before the pilot.
Talk through your robot with a registered patent attorney. The call is free, with no obligation.