Category: Patent claims

Inherency and Patent Claims

A patent claim can be rejected for inherency over a reference.  An inherent property cannot be claimed, even if that property was not known at the time a prior art composition was disclosed or prior art invention was made.  But, what happens if a new invention makes use […]

Structure and Connectivity in Patent Claims

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements.  Occasionally, claims are rejected during examination as indefinite, with the Examiner pointing out that it is not clear how the claim elements are interrelated […]

Decreasing Ambiguity in Claims

A well-written claim should not be ambiguous.  At least, that is one goal.  Yet, language is full of imprecision, many words have multiple dictionary definitions, and ofttimes lengthy and complex grammatical constructions in patent claims give rise to multiple possible interpretations.  How can we reduce ambiguity in claims? […]

Canonical Form of Patent Claims

Patent claims are in the form of a very curious compound run on sentence.  The canonical form of a claim set begins with an opening phrase “I/we claim:”, “In the claims:”, “What is claimed is:” or “It is claimed:”, for example.  This is followed by an enumerated list […]