Scope of claims in a patent application

Determining the scope of claims in a patent application

The patent claims define what the patent eventually protects. The claims provide a set of rights to the owner of the invention. However, the significant issue faced by person drafting the claims is to determine the scope of the invention. The claims in a patent application specify the scope of the invention. Therefore, it is very important to study the scope of the claims because it is the claims which eventually decide the inventor’s monopoly protection. The scope of the invention is determined by its claims and the scope of the claims is determined by the words used in the claims to express the invention. Therefore, it is very important that the words used in the claims must not limit the scope of the invention.

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Ad-tech in Singapore – An Overview

Ad-tech, which stands for advertising technology, broadly refers to the various analytics and digital tools used in the context of advertising. There has been a continuous development and enormous growth in the field of ad-tech. The ad-tech domain has grown to be one of the most effective ways for businesses of all sizes to expand their reach, find new customers, and diversify their revenue streams. The ad-tech domain has grown enormously in almost every country of the world, and Singapore is no exception to this. The Republic of Singapore is widely known as one of the most competitive and innovative economies of the world.

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Ad-tech in Singapore – An Overview

Ad-tech, which stands for advertising technology, broadly refers to the various analytics and digital tools used in the context of advertising. There has been a continuous development and enormous growth in the field of ad-tech. The ad-tech domain has grown to be one of the most effective ways for businesses of all sizes to expand their reach, find new customers, and diversify their revenue streams. The ad-tech domain has grown enormously in almost every country of the world, and Singapore is no exception to this. The Republic of Singapore is widely known as one of the most competitive and innovative economies of the world.

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Special type of patent claims

Markush claim, Jepson claim and Means-plus-function claims

Markush Claim

A Markush claim is a claim which is mainly used for providing protection to inventions which are associated with the field of chemistry. Markush claim composed of one or more markush structures. The markush structures are used to represent chemical symbols which show a wide collection of chemicals having the same structure. The inventions which deal in metallurgy, pharmacy, ceramics, pharmacology, and biology are most of the times protected using Markush claim. The Markush claim was named after “Eugene Markush”, the person who first used them in U.S patent. The Markush claims are used to lessen the number of claims which has financial importance the as only particular number of claims are allowed and additional claims applicant need to pay an extra fee for each claim. The format for writing a Markush claim is “selected from the group consisting of A, B and C”.

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Types of Claims

Types of Claims based on the invention

The person drafting the patent application should have a clear understanding of the invention for identifying the structure of the claims. The structure of the claims depends on the invention; however, it is important to decide the type of independent claim or dependent claim while drafting the patent application to meet certain requirements of the invention.

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Types of Claims

Types of claims based on dependency

The drafting of a patent application initiates with the drafting of claims. Therefore, it is very important for a person drafting the claims of the invention to have a complete knowledge about the structure of the claims. The structure of the claims defines the way in which claims in a patent application are written. The structure defined for presenting the claims in a logical way so that the reader has an ease of understanding. The structure of the claims consists of one or more set of claims. A set of claims composed of one or more independent claims and dependent claims. The types of claims based on dependency are described below.

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Post-Grant Central Limitation in the EPO

Post-Grant Central Limitation – Instrument for Patent Owners

At the end of 2007, the European Patent Office (EPO) introduced new procedure after which, it became possible for a patentee to seek a central limitation or amend the patent application after grant for the patent.

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Overview of Claims

Important aspects of patent claims

Claims must be clear

A person drafting the claims must draft the claims in a clear and precise manner. Any discrepancy in the claims will lead to speculation by the person reading the claims. The use of words like “such as”, “thin”, “when required” and “so on” should be avoided to remove obscureness in the claims. Therefore, claims must be clear to the person reading them.

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Basics of writing a patent claims

Drafting patent claims

A patent application is drafted for an invention which has been found patentable by the Intellectual Property professionals. Drafting a patent application requires an in-depth and complete understanding of the invention or idea. It is highly important for the person drafting the patent application to be clear about the novelty of the invention and how the invention works in reaching its goal. After the novelty and the process is clear, the first step in drafting the patent application is the drafting of claims. Claims define the scope of the invention in a legal way. Claims are the most important part of the invention as it defines the boundaries of patent protection.

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