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Patent Claims Drafting

The claims of a patent create the extent of protection sought in a patent application. A set of elements or noun phrases with specific character and designated limitations are used for writing claims in a patent application. These are of utmost importance as prosecution and litigation point of view.

A patent is an exclusive monopoly right (negative right ) granted to the patentee restraining others from making , using , selling, offering for sale the patented subject matter defined by the mechanism of claims. The scope of a claim is important because the scope differentiates the claims from the prior art and state of the art of the said technology and limits over broadening or narrowing down the claim to protect from any infringement prior art or novelty issues.

A patent application needs necessarily at least one claim for the invention defining the primary subject matter and elements of invention with utmost care and criticality.  The basic parts a claim are:-

  1. A pre-amble reciting the class of the invention
  2. A transitional phrase
  3. The body

The language for drafting claims should always be precise and contain some certain words commonly used e.g. “comprising”, “consisting” etc, but he meaning of these words could be different.
Depending on the structures of the claims in a patent application, the claims can be categorized in two groups:

(a) Independent Claims
(b) Dependent Claims

Moreover, there are other special types of claims depending upon the languages used viz.

  1. Beauregard claim
  2. Business Method Claims
  3. Jepson Claims
  4. Markush Claim
  5. Means Plus Function Claims
  6. Omnibus Claims
  7. Product-By-Process Claims
  8. Swiss-Type Claims

CORNISH PASTY NAME GIVEN EUROPEAN PROTECTED STATUS

The term "Cornish pasty" has been given protected status by the European Commission. Pasties made only in Cornwall from an established traditional recipe can now be called "Cornish pasties", according to the Cornish Pasty Association (CPA).

Authentic Cornish pasties will now be marked with a special logo because of the Protected Geographical Indication (PGI) tag ............
.....more

GOVERNMENT PROPOSES COMPULSORY E-FILING OF PATENTS

The Indian government in its effort to bring transparency and efficiency in the filing of patents, has proposed to amend the Patent Rules and make e-filing of applications compulsory. The e-filing of patent & trademark applications was launched on July 21, 2007.

The commerce ministry's Department of Industrial Policy & Promotion (DIPP) has prepared a draft proposal and asked sought suggestions from stakeholders to amend.
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JOY CREATORS RESTRAINED FROM USING P&G'S 'TOTAL EFFECTS' TRADEMARK

The Delhi High Court has held back Joy Creators from using the term 'Total Effects' on its products. The Court found that the words were similar to Procter & Gamble's (P&G) registered trade mark- Olay Total Effects.

The multinational company had filed a petition seeking directions to Joy Creators to not use its trade mark 'Olay Total Effects' or any other deceivingly similar mark and questioned their unfair intentions to benefit from an established brand.............more