Saturday, October 18, 2008

Another lesson in writing claims

In patent claim language, comprises and includes mean the same. The use of comprises is acceptable between preamble and body of an independent claim. Further comprising is also OK in the independent claim.

In dependent claims, however, the language must use include and not comprising unless it uses further comprising.

In method claims (for ex. a. adding to database; b. associating data; c.parsing data groups), a, b, c do not imply order unless:

the claim language specifically mentions that "wherein step d is effected before step c"


the preamble of the claim leads into the body of the claim with comprising the steps, and not comprising steps.

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