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PATENT CLAIM FORMAT AND TYPESOF CLAIMS

2PATENT CLAIM FORMAT WRITTEN AS A SINGLE SENTENCE CLAIMS IDENTIFIER preceding the sentence, e.g.“Claim 1” HEAVILY PUNCTUATED SINGLE SENTENCE AND ENDSWITH A PERIOD APPEARS TOWARDS THE END OF THE ISSUED PATENTOR PATENT APPLICATION

3PATENT CLAIM FORMAT1. PARTS OF A CLAIMa. THE PREAMBLEb. TRANSITIONAL PHRASEc. THE BODY

4THE PREAMBLE Identifies the category of the inventione.g., an apparatus, device, article,composition, a method or process Keep it consistent with the title of theinvention May recite an object of the invention

5THE PREAMBLEExamples:1.Object of the invention: to cook riceAN APPARATUS FOR COOKING2. Object of the invention: Cooking all kinds ofgrainsAN APPARATUS FOR COOKING GRAINS3. Object of the invention: to also cookvegetables or other foodstuffsAN APPARATUS FOR COOKING

6THE PREAMBLEExamples:1. Object of the invention: making teaA METHOD FOR MAKING TEA2. Object of the invention: making beveragesarising from plant-based substancesA METHOD FOR MAKING PLANT-BASEDBEVERAGES3. Object of the invention: making any warmbeveragesA METHOD FOR MAKING WARMBEVERAGES

7THE PREAMBLEEXAMPLES:1. Object of the invention: treating malariaA COMPOSITION FOR TREATING MALARIA2. Object of the invention: non-motorized vehiclesA NON-MOTORIZED LAND VEHICLES3. Object of the invention: mounting telephonesA DEVICE FOR MOUNTING A TELEPHONE

8TRANSITIONAL PHASE OPEN-ENDED PHRASE (comprising)- “including”, “containing”, “characterized by”- do not exclude any additional unrecitedelements- expand the scope of the claim by allowingfor other elements or limitations

9PATENT CLAIM FORMATEXAMPLE 11. An apparatus, comprising:a plurality of printed pages;a binding configured to hold the printed pagestogether; anda cover attached to the binding.

10TRANSITIONAL PHASE CLOSED PHRASE (consisting of)- limits the scope of the claim to nothingmore than thespecifically recited elements- claim covers only elements named andnothing more

11PATENT CLAIM FORMATEXAMPLE 11. An apparatus, consisting:a plurality of printed pages;a binding configured to hold the printed pagestogether; anda cover attached to the binding.

12TRANSITIONAL PHRASE CLOSED PHRASE (consisting of)For example:1. A chemical compound consisting of:50% A component;25% B component; and25% C component. the presence of any additional component will be excluded the percentages should add up to 100%

13THE BODY OF THE CLAIM Must recite elements and limitation of the Claim Explains how the different elements exist in relationship toone anotherFor example:1. An apparatus for holding items, comprising:at least one leg; anda top configured to support at least one leg.

14THE BODY OF THE CLAIM NOT merely a list of parts/cataloging of parts Must be connected in some mannerFor example:1. An apparatus for holding items, comprising:four legs;16 screws; anda top.

15ExampleCLAIM:1. A game device, comprising:a handle;a head portion; anda protrusion.

16ExampleCLAIM:1. A game device, comprising:a handle;a head portion connected to thehandle; anda protrusion being secured to thehandle.

17PATENT CLAIM FORMAT2. IMPROVEMENT CLAIMS or JEPSON TYPE CLAIMS Preamble – statement of the most relevant prior art Transitional Phrase – “wherein the improvement comprises” The body – provides the novel feature/s of the invention

18ExampleCLAIM:1. A game device having a handle,a throat portion and a head portionconnected to the throat portion,wherein the improvement comprisesa protrusion being secured to thehandle.

19PATENT CLAIM FORMAT3. TWO-PART-FORM CLAIMSIn the Philippines, the two-part form claim is adopted inaccordance with Rule 416 of the revised IRR The designation of the subject matter of the invention,” i.e. the general technical class of apparatus, process, etc.to which the invention relate” and “those technical featureswhich are necessary for the definition of the subject matter andare part of prior art; and A characterizing portion preceded by the expression, “characterized in that” or “characterized by” stating thetechnical features which, in combination with the features statedstated in the first subparagraph, it is desired to protect

20ExampleCLAIM:1. A game device, comprising a handleand a head portion connected to the handle,characterized in that, a protrusion issecured to the handle.

21PATENT CLAIM FORMAT4. MEANS-PLUS-FUNCTION CLAIMS Recite function preformed by structures disclosed inthe specification instead of specifically definedstructures Interpretation varies from jurisdiction to jurisdiction The means-plus-function clauses recited in the claimmust be adequately described by the structurecarrying the recited function

22PATENT CLAIM FORMATFOR EXAMPLE:1.An apparatus for cooking rice, comprising:a means for holding rice; anda heater configured to heat the rice-holding means.

23ExampleCLAIM:1. A game device, comprising ahandle and a head portion connected tothe handle, characterized in that, ananti-slippage means is secured to thehandle.

24PATENT CLAIM FORMAT5. CLAIM PUNCTUATION A comma separates the preamble from the transitionalphrase A colon separates the transitional phrase from thebody The small paragraphs that define and describe thelogical elements are separated with semi colons

25PATENT CLAIM FORMATEXAMPLE 1Preamble, transitional phrase:Element (#1);Element (#2); andElement (#3).EXAMPLE 2Preamble, transitional phrase:Element (#1);Element (#2);Element (#3), characterized in that,Element (#4)

26PATENT CLAIM FORMATEXAMPLE 11. An apparatus, comprising:a plurality of printed pages;a binding configured to hold the printed pagestogether; anda cover attached to the binding.

27PATENT CLAIM FORMATEXAMPLE 11. An apparatus, comprising:a plurality of printed pages;a binding configured to hold the printed pagestogether;a cover attached to the binding,characterized in that, the cover is detachable fromthe binding.

28PATENT CLAIM FORMAT6. PROPER ANTECEDENT BASIS Elements in the patent claim must have correctantecedent basis Use indefinite article “a” or “an” when introducing anelement for the first time Use definite article “the” or “said” when referring backto the introduced element

29ExampleCLAIM:1. A game device, comprising ahandle and a head portion connected tothe handle, characterized in that, ananti-slippage means is secured to thehandle.

30ExampleCLAIM:1. A game device, comprising ahandle and a head portion connected tosaid handle, characterized in that, ananti-slippage means is secured to saidhandle.

31PATENT CLAIM FORMAT7. Reference numerals and Bracket expressionsClaim1.An apparatus (10), comprising:a plurality of printed pages (11);a binding (12) configured to hold the printed pages (11)together; anda cover(13) attached to the binding (12).

32PATENT CLAIM FORMAT8. Claim Phrases Use of special words such as “wherein”. “whereby”.“such that” to further define a structure or provide afunction associated with a given structureClaim 1.An apparatus, comprising:a plurality of printed pages;a binding configured to hold the printed pages together;anda cover attached to the binding, wherein the cover isdetachable from the binding.

33PATENT CLAIM FORMAT9. Multiple Elements Many patent offices including the IPPHL require claimsto recite at least two elementsExample 1:A computer, comprising:a processor.Example 2:A computer, comprising:a processor;a memory; anda bus configured to transmit data between thememory and the processor.

34CLAIM SETS1. INDEPENDENT CLAIM BROADEST CLAIM STAND ALONE AND DOES NOT NEED A LIMITATION FROMANOTHER CLAIM IN ORDER TO BE COMPLETE PATENT APPLICATION MAY HAVE MORE THAN ONE (1)INDEPENDENT CLAIM2. DEPENDENT CLAIM DEPENDS ON ANOTHER EITHER AN INDEPENDENT CLAIM ORDEPENDENT CLAIM MUST NOT EXTEND THE SCOPE OF THE SCOPE OF PROTECTIONOF THE INVENTION DEFINED IN THE INDEPENDENT CLAIM/S “FALL BACK’ DURING EXAMINATION

35ExampleCLAIM:1. A game device having a handle,a throat portion and a head portionconnected to the throat portion,wherein the improvement comprisesa protrusion secured to the handle.2. A game device according toclaim 1, wherein the protrusion isconfigured to receive the palm ofthe user.

36Example version 1CLAIMS:1. A game device, comprising a handleand a head portion connected to thehandle, characterized in that, an antislippage means is secured to the handle.2. A gamed device according to claim 1,characterized in that, the anti-slippagemeans is a protrusion disposed at thecentral portion of the handle.3. A game device according to claim 2,characterized in that, the protrusion isconfigured to receive the palm of the user

37Specific Claim Types1.2.3.4.5.6.7.8.9.Apparatus ClaimsMethod Claims“Use” ClaimsComposition ClaimsProduct-by-Process ClaimsBiotechnology ClaimsSoftware ClaimsOmnibus ClaimsDesign Claims

38Specific Claim Types1. Apparatus Claims Protect an apparatus or device Recite in the preamble what the apparatus“is” and/or “what it does” Recite in the claim's body the essentialinventive elements

39Specific Claim TypesExample:1. An apparatus for supporting a camera,comprising:a pivotal mounting configured to hold thecamera; anda set of legs arranged to support the pivotalmounting.

40Specific Claim Types2. Method Claims Recite a sequence of steps that complete atask or accomplish a result Active Steps may be recited in order ofperformance, but are usually interpreted asbeing performed in any order unless otherwisespecified

41Specific Claim TypesFor example:1. A method of making tea, the methodcomprising:boiling water;adding sugar to the boiling water;adding tea leaves to the boiling water to forma mixture;filtering the mixture; andadding milk to the mixture.

42Specific Claim Types3. “Use” Claims Similar to method claims1. The use of substance X as aninsecticide 2.The use of a transistor in an amplifyingcircuit 3.May be interpreted as method claims4.Not allowed in all jurisdictions

43Specific Claim TypesSecond Medical “Use” ClaimsSuppose chemical compound XYZ is already known,and has been used to treat diabetes. Assume thatInventor A discovers that compound XYZ is aneffective medicament for the treatment of malaria:1. The use of compound XYZ in themanufacture of a treatment for malaria.- Use claims - also known as Swiss-type claims –are helpful when substance is already known in theart- Not all jurisdictions permit such types of claims

44Specific Claim Types4. Composition claim Used where claimed invention pertains tothe chemical nature of the materials orcomponents used Claims a “thing” like a device claim

45Specific Claim TypesFor example:Claim for a zinc electroplating solution might be:1. A copper electroplating solution comprising:an alkaline solution of copper sulfate, from 3050 grams per liter;sulphuric acid, from 2-4 times the copperacetate solution; andan aqueous solution of a PH-modifyingsubstrate in an amount sufficient to adjust the PHto a value of from 3.5-5.

46Specific Claim TypesFor example:1. A pharmaceutical composition comprisingsynergistic amounts of a hyaluronan or a salt thereof,and an interleukin-1 (IL-1) receptor antagonist (IL-1ra),wherein said IL-1ra comprises all or an IL-1 inhibitoryfragment of an amino acid having a sequence of SEQID NO:2, or a sequence which is at least about 70%homologous to said amino acid sequence.

47Specific Claim Types5. Product-by-Process Claims Claims a product defined in terms of a process ofmanufacture Some jurisdictions treat as product claims Other jurisdictions treat as method claims Verify that a product-by-process claim is the bestapproach for protecting an invention beforeemploying this type of claim

48Example1. A metalic salt obtained by a processcomprising the steps of .

49Specific Claim Types6. Biotechnology Claim Relates to all practical uses of livingorganisms Either commercial or therapeutic uses May include c DNA, recombinant DNA, DNAfragments, protein, monoclonal antibodies,anti sense DNA and RNA, Recombinantvectors and Expression vectors