Markush claim, Jepson claim and Means-plus-function claims
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”.
A Jepson claim is a product or method claim drafted to protect an improvement made in a prior art. The Jepson claim directly points towards the novelty of the invention. The Jepson claims used to claim an improvement over the prior art and initiated by the same preamble of the prior art. The template for writing the Jepson claim follows as:
- A preamble “general description of all the elements described in the prior art”
- A phrase “wherein the improvement comprises,”, and
- The entire novel, new and improved elements would be described.
Means plus function Claim
A Means plus function claim describes a means for accomplishing any task. The means plus function claim does not describe the structure and the components of the invention. The structures of the invention are disclosed in the complete specification. No disclosure of functions as recited in the claims. The means plus function claim initiated by using the word “means” or “means for” which is generally followed by a general description of the function taking place in the invention. The means plus function claims do not define the structural components of an invention. Therefore, the means plus function claims are very broad.