Presented By:
Nishant Kewalramani
Anatomy of a Claim
Types of Claims in Mechanical Arts
Writing a claim
Exercise
A claim consists of the following components:
Preamble
Transition phrase/ linking phrase
Body of the claim
I claim/We claim/What is claimed is:
1.An air circulation device, comprising:a base;a plurality of blades attached to said base;a rotary motor attached to top portion of said base; anda rod attached to said base, said rod configured to suspend said base from a ceiling.
Introductory phrase/ preamble (India)
Preamble/ Introductory Phrase (India)
I claim/We claim/What is claimed is:
1.An air circulation device, comprising:a base;a plurality of blades attached to said base;a rotary motor attached to top portion of said base; anda rod attached to said base, said rod configured to suspend said base from a ceiling. Body of the
claim
Transition phrase
Introduction to set the context of the Claim
Names/Defines the subject matter of the claim
Possible intended use or purpose
Should be as short as possible.
Links the preamble and body of the claim
Should be chosen carefully as it affects the scope of the claim.
Commonly used- comprising, consisting, consisting essentially of.
Not so common- including, having, containing etc.
Comprising: Open ended Included but not limited to
Consisting: Close ended Limited to claim elements
Consisting essentially of: Partially open
Elements of the claim & their interconnectivity
New element starts with an article (a, an, the)
Further reference to same element- Antecedent basis (the, said)
Written such that the claim is a single sentence: E.g. An air circulation device, comprising a base…
Stand alone claim
Does not refer to/depend upon any other claim
Generally the broadest claim of the patent specification
Depends upon another claim
Usually adds a limitation to the claim it depends upon
Narrower in scope as compared to the claim on which it depends.
Multiple Dependency: Alternative claiming only According to claim 3 or 4 According to claim 3 and 4- Not allowed
Apparatus Claims: Anything mechanical or electrical having
cooperating parts to accomplish a useful result
Device, machine etc may be used where appropriate.
General pattern of preamble:▪ An apparatus <for performing a specific act>
said apparatus, comprising:
Article of Manufacture Claims
Elements tied together No moving parts General preamble▪ A <name/category of article>, comprising:▪ E.g. An ash tray, comprising:
Product by Process Claims Article is claimed through the process by
which it is made Covers the claim only when made by that
process. General Preamble:▪ An <article name> produced according to the
process, comprising: ▪ The process elements contain steps of performing
the method usually beginning with gerund verb form.
▪ E.g. extracting metal from ore
Introduce each element separately using articles
Show interconnectivity between articles Use the/said to show antecedent basis
for referring to the elements already introduced earlier in a claim
Refer the same element by the same name all throughout.
Negative claiming E.g. Rod is not placed on the bottom
portion of the base. Word around to make an
assertive/positive statement.Claiming holes/empty space
Never claim a hole Claim the surface area containing the
hole
Avoid using comparative words in the claims unless absolutely necessary.
Write functional language only when a suitable structural alternative is not found.
Avoid numbering the steps in a process. E.g. firstly, then etc.
Draft one Independent claim.
Draft one dependent claim dependent on the Independent claim drafted above.
Draft one multiple dependent claim dependent on the Independent and dependent claim above.
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