Patent claims drafting is considered by many as an art, and not particularly a precise science. That is to say that, there is no universally accepted correct or best claim for a particular disclosure. The following points provides some general tips for drafting proper patent claims, what experienced practitioners have learned and put into practice.[…]
A generic claim is a patent claim that usually includes within its scope the subject matter of narrow claims in the patent application. Generic claims are usually independent claims in the patent application, but it is not a limitation and such claims could well be dependent claims. One way to think about it is; in[…]
Jepson claim strategies demands varieties of claim types which are often selected based on the subject matter that needs protection by means of the patent claims. Jepson claim is a method or product claim where one or more limitations are specifically identified as a point of novelty, distinguishable over at least the contents of the[…]
Patent claim is measured by the words used in its claims, and therefore, any clause used is critical. A patent attorney usually plays with the language of a claim to reach a desired scope of protection. A powerful tool available to the patent attorney to describe their invention in the claims of a patent is[…]
There are various types of claims that can be drafted to protect an invention, and one such type of claim is a “product-by-process” claim. A product-by-process claim defines a product in the terms of the method or steps used to make the product. The most common situations in which claims use both product and process[…]
“Whereby” or statement of ultimate result clauses are broadly classified as functional clauses, and are permitted in a patent claim. Such statements should be used to state only the necessary outcome or result of the previously described structure. A “whereby” clause that merely states the result of the limitations in the claim adds nothing to[…]
During the complex process of patent prosecution, an applicant comes across various elements from the patent office; one such element is the Office Action. An Office Action is a written communication of the patent office given by a patent examiner to any patent application undergoing examination. It communicates issues, objections, or rejections to be addressed[…]
The office action is a document written by a patent examiner in response to a patent application after the examiner has examined the application. An office action represents the government’s official position on the pending patent application, where an examining attorney sends an office action to notify an applicant about issues with his or her[…]
Patent application is the purpose of the Abstract is to enable the Patent Office and the public to determine quickly from a cursory inspection the nature and gist of the technical disclosure. The Abstract is directed to what is disclosed in the specification, and not necessarily the claims. In other words, the Abstract is not[…]
Patent claim is lack of antecedent basis is one of the most common problems found in claims of novice patent writers. As per the claim requirements, every element in a claim must be properly introduced before the element can be modified or qualified. For example, the qualification “the upper support” in a claim is improper[…]
