PATENT CLAIM FORMAT AND TYPES OF CLAIMS
http://www.wipo.int/edocs/mdocs/aspac/en/wipo_ip_phl_16/wipo_ip_phl_16_t5.pdf
* WRITTEN AS A SINGLE SENTENCE
* CLAIMS IDENTIFIER preceding the sentence, e.g. “Claim 1”
* HEAVILY PUNCTUATED SINGLE SENTENCE AND ENDS WITH A PERIOD
* APPEARS TOWARDS THE END OF THE ISSUED PATENT OR PATENT APPLICATION
1. PARTS OF A CLAIM
a. THE PREAMBLE
b. TRANSITIONAL PHRASE
c. THE BODY
THE PREAMBLE
* Identifies the category of the invention e.g., an apparatus, device, article,
composition, a method or process
* Keep it consistent with the title of the invention
* May recite an object of the invention
Examples:
1.
Object of the invention: to cook rice
AN APPARATUS FOR COOKING
2. Object of the invention: Cooking all kinds of grains
AN APPARATUS FOR COOKING GRAINS
3. Object of the invention: to also cook vegetables or other foodstuffs
AN APPARATUS FOR COOKING
Examples:
1.
Object of the invention: making tea
A METHOD FOR MAKING TEA
2.
Object of the invention: making beverages arising from plant
- based substances
A METHOD FOR MAKING PLANT
- BASED BEVERAGES
3.
Object of the invention: making any warm
beverages
A METHOD FOR MAKING WARM
BEVERAGES
EXAMPLES:
1.
Object of the invention: treating malaria
A COMPOSITION FOR TREATING MALARIA
2.
Object of the invention: non
- motorized vehicles
A NON - MOTORIZED LAND VEHICLES
3.
Object of the invention: mounting telephones
A DEVICE FOR MOUNTING A TELEPHONE
TRANSITIONAL PHASE OPEN-ENDED PHRASE (comprising) - “including”, “containing”, “characterized by” - do not exclude any additional unrecited elements - expand the scope of the claim by allowing for other elements or limitations EXAMPLE 1. An apparatus, comprising: a plurality of printed pages; a binding configured to hold the printed pages together; and a cover attached to the binding.
TRANSITIONAL PHASE
CLOSED PHRASE (consisting of)
- limits the scope of the claim to nothing more than the specifically recited elements
- claim covers only elements named and nothing more
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