Patent claim form and language are highly stylized to emphasize precision and clarity. In this article, we will discuss basic claim form and the meaning of claim language. The claims must start on a separate page. The claims are placed after the specification, though this is not particular prescribed. That said, most Patent Offices prefers[…]
Design patent application should include the following elements: The Preamble: The Preamble, if included, should state the name of the applicant, the title of the design, and a brief description of the nature and intended use of the article in which the design is embodied. All information contained in the preamble will be printed on[…]
Each new element in a product claim and each new step in a method claim should be first introduced either as: the subject of its own clause, or a previously introduced and named item or a step comprises it, has it or includes it. Being the subject of its own clause means that it is[…]
The dependent claim in multiple forms may contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed. A multiple dependent claim shall be construed to incorporate by reference all the limitations of the particular claim in relation to which[…]
Patent claim negative limitations in the past, describing what an element is not instead of what it is, were generally considered improper, except in unusual cases. However, the current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. In Santarus, Inc. v. Par Pharm., Inc., the court[…]
Patent Claim identifies the field of the invention. The preamble of an independent claim can summarize the type of invention, identify the relationship between the invention and the prior art, describe how the invention operates upon some external article, and define the purpose of the invention. The preamble should be realistically narrow in scope. For[…]
The Summary section is a brief and general statement of the invention. Not all jurisdictions require a summary of the invention section. However, such sections are customarily prepared in many jurisdictions even when not strictly required by national law. The Summary section is different from the Abstract, which is directed toward the disclosure as a[…]
The background is an extremely important section of a patent application. This section describes the state of the art in the particular technical area to which the patent relates and what problems remain to be solved or disadvantages accompanying the prior art solutions. The use of background sections varies among the world’s patent regimes. In[…]
The drawing disclosure is the most important element of a design patent application. Every design patent application must include either a drawing or a photograph of the claimed design. Some of the important standards for design patent as prescribed by USPTO are: Drawings: There are two acceptable categories for presenting drawings in utility and design[…]
Patent claims drafting contain only three main components, a preamble, a transition term such as “comprising” (or some other transition word) and a body. The preamble usually introduces the subject matter of the claim, defines a work piece, or states a purpose or use for the invention. Every claim should have this introductory preamble indicating the[…]
