Basics of Patent- Learning series - 3

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CONTENTS OF A PATENT SPECIFICATION Title Background or prior arts & technical field Summary of invention Description of contents in any drawing Detail description of the invention Series of examples Claims Abstract Objective of Claims 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 claims Preamble:- A introductory phrase Transition phrase:- A linking word between preamble and body Body:- Main features of the invention Definitions of Transition phrase 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 Claims *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 Type of claims *Principal & Subordinate claim *Dependent & Independent claim *Product claim *Process claim *Product by process claim *Composition claim *Swiss type claim *Markush claim *Omnibus claim

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Sanjay Patel's picture
Author: Sanjay Patel


Amol Malpani's picture

Dear Sir, What is Markush claim? can you please put some more light on the claims part? Regards,
Sanjay Patel's picture

Markush clais is one type of claim by which yuo can claim group of feture with a common structure or formula. Its generally used for chemistry patent. Eg. A compound of the formula I (Formula I is pyrimidine with substitution at position 1 and 2 defined as X and Y) where in x is selected from C1 to C12, halogen and cyclic moeity and Y is selected from Halogen and cyclic ring. SO from single claim you can cover no of compound as defined by substitution X and Y combinations..

Sanjay Patel M.Pharm, LL.B (Continue) Indian Patent Agent

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