Basics of Patent- Learning series

CONTENTS OF A PATENT SPECIFICATION

Title
Background or prior arts & technical field
Summary of invention
Description of contents in any drawing
Detail description of the invention
Series of examples
Claims
Abstract

Objective of Claims
To define clearly and precisely the exclusive right
To define the scope of invention
To define various necessary, preferred and optional features of the invention
Every complete specification must end with a claim or claims

Structure of claims
Preamble:- A introductory phrase
Transition phrase:- A linking word between preamble and body
Body:- Main features of the invention

Definitions of Transition phrase
Comprising:- Open term saying “including the following but not excluding others”
Consisting:- Closed term saying including this only.
Consisting essentially of:- Part open and part closed term saying “including the following elements and excluding additional unspecified ingredients which would affect the basic and novel characteristics of the product defined in the balance of claim”.

Features of Claims
•Should relate to a single invention
•Should be clear and concise
•Based on matter disclosed in the specification
•First claim is called principal claim and subsequent claims called 
 subordinate claims
•Principal claim should define all essential novel features
•Optional features may be given in subordinate claims
•Format like, “I claim to be inventor, I claim some rewards, I claim this tablet is more effective etc must be avoided

Type of claims
•Principal & Subordinate claim
•Dependent & Independent claim
•Product claim
•Process claim
•Product by process claim
•Composition claim
•Swiss type claim
•Markush claim
•Omnibus claim