Filed under: Claims
Claims are divided into three elements mainly: the preamble, a transitional word or phrase, and the body.
The preamble: Preamble is the technical environment of the invention. It is generally not a legally limiting constraint. The preamble consists of name of the product, use of the product and support elements which can be further used in the claim. For example, a claim to an improved computer might have the preamble “A computer for maintaining files, having a memory cell comprising . . . .”
Transitional word or phrase: Transitional words are used in between the preamble and claim. Most common transitional words used are: “comprising” or “which comprises,” “consisting of,” and “consisting essentially of.”
Comprising: The word “comprising” is an open term generally used to cover the invention broadly. The better way of saying “including the following elements but not excluding others.” For example, a claim to a combination comprising A + B covers a combination having A + B + C.
Consisting: “Consisting of” is a closed term. The better way of saying “including only the following elements and excluding all others.” For example, a claim to a combination consisting of A + B does not cover the combination A + B + C. Consisting essentially of: The word “consisting essentially of”, is partly open and part closed. A claim to a combination consisting essentially of A + B language would cover a combination of A + B + C if C is not vitally important to the combination.
Body of the claim: The body of the claim follows the transitional phrase and lists the main elements of the combination. It is here that the invention is particularly claimed. The body of the claim of a machine invention, for example, lists the parts of the machine in some sort of logical order so as to recite the mechanical interrelationship of the parts of the machine.
Filed under: Claims
US 20050004806
Title: Automatic patent claim reader and computer-aided claim reading method
Abstract:A method of analyzing a claim in a patent or patent application is disclosed, comprising retrieving a patent claim which has been rendered into a format parsable by a computer program into a computer memory; parsing the claim into a set of discrete elements; categorizing each element in the set of elements according to a predetermined rule; and storing a set of categorized elements in a data store. A parsing program executable in a computer may be used to parse the patent claim and, optionally, to identify one or more keyword sets in the parsed claim. A rating program may also be used to assign a rating weight to each categorized element. It is emphasized that this abstract is provided to comply with the rules requiring an abstract which will allow a searcher or other reader to quickly ascertain the subject matter of the technical disclosure. It is submitted with the understanding that it will not be used to interpret or limit the scope or meaning of the claims.
