Patents: Claims


This Text is very narrow definition of claims but most common claims structure 

Claims are indispensable part of non-provisional patent specifications and Claims defines what is protected and/or which is to be protected (interest of Applicant/Patentee). In fact, the vaule of patents lies on what is protected by claim, than what is disclosed in patent specification.

Structure of Claims

a) Preambles

Shows scope of the particular claim like “An improved process of Preparation of …” and preambles should not contain unnecessary limitations. Dependent claims preambles may be similar to parent claim(s).

b) Transition words

The word(s) between the preamble and the claim body are transition word(s) and that materially affects the claim. Two transition words are commonly used in claims, they are “Comprising” and “Consisting of” 

Comprising is open transition word, it means “including following elements but not excluding others”

Consisting of  is closed transition word, it means “including following element, no more or no less”

Consisting essentially of is slightly broader version of Consisting of  this means “including following elements, but also elements which do not affect the basic and novel characetristics of the invention” 

c) Elements of claim

Elements of claim is body portion of claim includes various components of invention

Types of claims

1) Product by process claim 2) Markush or chemical claims 3) Method or process claim

Ref:

1) Landis on Mechanics of Patent Claim Drafting

2) Draft manual of Patent Practice and Procedures, Indian Patent office

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About Guna

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