Tuesday, September 7, 2010

Type of claims in patent

Its time for learning some basic related to patent. Here i have explained type of claims available in patent.

1) Principal and subordinate
The very first claim with the broadest scope and having all novel and essential features of the invention is called principal claim. All subsequent claims after principal claim are subordinate claims.

2) Independent and dependent
Claim which doesn’t depend on any other claim/s called independent claims. Claims which have dependency on other claim/s called dependent claim. Principal claim is always independent claim while vice versa is not true.

3) Product claim
Actual compound or product claims. It can include the device and apparatus claims also.

4) Process claim
Claim describing any new process for preparing any thing step by step.

4) Composition or formulation claim
Composition of matter claims list the constituents of a new material, as well as the amount of each constituent, if applicable. Nucleic acids and amino acid sequences are often claimed as compositions of matter.

5) Product by process Claims
A product is defined by the method used to manufacture it covering the manufacturing steps.

6) Markush claims
When claim is showing the general structure or formula and providing list of substituent or other elements associated with general structure or formula, it called markush claim. It covers lots of element with a single basic moiety of chemical structure.

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