Patent Claim Formats, Numbering and Preamble


Looking at the different aspects of a patent software, The most crucial element will be the claims. The statue that relates to the structure of the promises is 35 USC part 112 and much more specially, the 2nd paragraph. This paragraph sets forth a need to ‘especially point out and distinctly assert the invention’. The sole appropriate method to ‘specifically point out and distinctly assert’ an invention inside a statutory courses as defined by 35 USC section 112 is by means of a English sentence. This restriction may be the supply of several difficulties in declare drafting as a result of difficulties of producing in English and while in the meanings of phrases.

The conventional personalized with regard to sentence development in assert drafting is that each declare should be the direct item of only one sentence. The duration of your sentence will not issue. To get started with, the sentence may possibly start with ‘I (or we) assert’ or maybe the equal ‘What’s claimed is’.

The typical patent Business practice is usually to insist that every assert starts that has a cash letter and with a quantity. So that each claim could read through as a whole sentence when taken While using the introductory phrase such as ‘I assert’. Other than for traditional abbreviations like the colon and semicolon, no other durations are permitted in your body of that claim.

On account of the single sentence rule, grammar Particularly verb forms need to be watched diligently.

One example is:

I claim: a pen comprises

This does not form a whole sentence.

For instance:

I declare: a pen comprising

This does not violate the whole sentence rule.

In conclusion, the declare should variety a complete sentence by forming the direct item of the phrase ‘I claim’. Start off Each and every assert having a capital letter and also a quantity.

Moreover, it is acceptable to include more than one assert in utility patents. Namely, 35 USC segment 112 supplies the specification shall conclude with one or more claims.

In design and style patent programs, just one declare is permitted.

Even further, any utility patent software with only one assert, that declare shouldn’t be numbered.

When You can find multiple assert, each assert will have to get started with an Arabic numeral. The claims must becoming numbered consecutively, also to comply with excellent apply, the promises needs to be grouped and numbered within a sensible order for thought through the examiner which can be assigned towards the patent application. The same old follow is to start with the broadest claim and carry on for the narrowest assert also to group identical sorts of assert with each other.

Sure practitioners could test to slide a wide unbiased declare Amongst the dependent promises hoping which the examiner will not recognize and hoping the examiner allows the many statements grouped jointly.

It’s not a proposed observe.

A assert commonly contains a preamble and body.

Most promises Use a preamble which may be an introductory assertion aquiring a intent to name or define the thing which is remaining claimed. Preambles may very well be very extended or might be pretty limited depending upon the form of claim that is definitely being used.

The preamble for some claims need to be just a general definition with the creation to get claimed. The duration as well as the depth should be decided on to match the human body on the declare.

The list of crafting the preamble really should not be taken up until finally the scope in the declare is set. Avoidable and restricting limits or statements anywhere inside the claims needs to be averted and this warning is relevant into the preamble.

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