Basics patent learning series

What you should know about CLAIMS?
Patent claims are the moist crucial techno legal part of a patent or patent application that define the scope or the boundary of the patent.

Objective
 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 Claim
Each claim is made up of below three parts;
 Preamble: It says about the field of the invention or sometimes art prior arts
 Transition phrase: Linking or connecting word for preamble and body
 Body: Describes main features of invention

Example
“A pharmaceutical composition (Preamble) comprising (Transition phrase) an active therapeutic agent, a gelling polymer and an antioxidant. (Body)”

Meanings of transition phrase generally used
 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 claim
 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