All you must know on Antecedent Basis

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Antecedent basis is not considered to be the only standard which will support the subject matter claim. Reasonably, appropriate and clear support is all that is indispensable. However, antecedent basis is one of the major problems which are encountered in a beginner patent writer claims. Depending on the claim requirement it is must to introduce each element of patent claim appropriately prior to modification and qualification of the elements.

An Example to Understand Antecedent Basis

Let’s say “Dynamic Movement of Shaft” in a claim is not appropriate if the “shaft” has not been introduced earlier in the claim. It means “the,” “such,” and, “said,” must not be used in the claim until and unless the following noun has ever been introduced earlier in the claim.

Note: While using a definite article in the claim prior to the claim element, the exact elements must be introduced in the claim later if required.

Considering a dependent claim, the antecedent basis out to be there in the dependent claim or any other claim on which claim depends. It is because claim includes entire claims from which it depends as per the reference. If there are multiple elements, the introduction of elements must be in the plural to limit or distinguish among the introduced elements as a plurality. Hence, if four bulbs are being used in the invention, they must be defined in the claim as “four bulbs,” or “a plurality of wheels,” or “at least four wheels” and many more.

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Antecedent Basis in Patent Claim

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