Jepson Claims- Know the Importance - Patent Drafting Catalyst

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A Jepson claim describes prior art scope followed by claiming prior art improvement. It depends on the subject matter which requires protection through patent claims. If defined correctly, Jepson claims is a combination of claims. The invention claimed includes the “preamble in the combination with the improvement.” While using Jepson form, the claim not only includes claim invention context but also the scope of the invention. Also, the inclusion of Jepson claim defines, in part, the structure of the elements of the claiming invention.

Also Read: What is an Inferential Claim?

Example of Jepson Claims:

Consider a simple example: “In the framework of developing a tool using elements x, y, and z (the prior art) wherein the enhancement includes (the transitional phrase and element w (intensive element(s)).”

Is Jepson Claims restricts the scope of the claim?

Yes, it is true that Jepson claims restrict the claims’ scope. However, some exceptions do exist in a few circumstances. The elements of Jepson claims are known to be in the prior art. Significantly, admission coming from a Jepson claim is only implied admission. The Federal Circuit believes that “the obviousness must not depend on an implied admission leading to the creation of imaginary prior art.

Also Read: How to Draft an Accurate Patent Claim?

Are Jepson Claims widely used?

The use of a Jepson claim is not very broad. Twenty years earlier it was observed by Judge Pauline that “as per Modern style, the claims of patent no longer cover the salient features.” Additionally, it was noted that Jepson claims merged as an exception in this movement. Supporting the points of Newman, stats of patent issue showed a significant decline in the Jepson claims numbers in the last twenty years.

How to use Jepson claims effectively?

To claim the invention specifically and clearly one can use Jepson claim. Before using the claim it is good to know the advantages and disadvantages of the same.
The practice does not claim the inventions’ silent features. However, claims the whole combination of both old and new elements. So, you must think before opposing the flow.
In a trial, the flexibility will get restricted in the argument of the scope of the claim due to Jepson claims use. However, you can opt for it if the clarity is critical.
Identify that the use of a Jepson claim must lead to easy patent issuance.

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