Presented By:

Nishant Kewalramani
Portfolio Manager
Brain League IP Services

© Brain League IP Services Pvt. Ltd

 Anatomy of a Claim

 Types of Claims in Mechanical Arts

 Writing a claim

 Exercise
A claim consists of the following
components:
 Preamble

 Transition phrase/ linking phrase

 Body of the claim

I claim/We claim/What is claimed is:
Introductory phrase/
preamble (India)
1. An air circulation device, comprising:
a base; Preamble/ Introductory
a plurality of blades attached
Phraseto said base;
(India)
a rotary motor attached to top portion of said
base; and
a rod attached to said base, said rod
configured to suspend said base from a
ceiling.
I claim/We claim/What is claimed is:

1. An air circulation device, comprising:

a base; Transition
a plurality of blades attached to said base;
phrase
a rotary motor attached to top portion of said
base; and
a rod attached to said base, said rod
configured to suspend said base from a
ceiling.
Body of the
claim
 Introduction to set the context of the
Claim

 Names/Defines the subject matter of

the claim

 Possible intended use or purpose

 Should be as short as possible.

 Links the preamble and body of the
claim

 Shouldbe chosen carefully as it affects

the scope of the claim.

 Commonly used- comprising,

consisting, consisting essentially of.

 Notso common- including, having,

containing etc.
 Comprising:
 Open ended
 Included but not limited to

 Consisting:
 Close ended
 Limited to claim elements

 Consisting essentially of:

 Partially open
 Elements of the claim & their interconnectivity

 New element starts with an article (a, an, the)

 Further reference to same element- Antecedent basis

(the, said)

 Written such that the claim is a single sentence:

 E.g. An air circulation device, comprising a base…
 Stand alone claim

 Does not refer to/depend upon any

other claim

 Generallythe broadest claim of the

patent specification
 Depends upon another claim

 Usually adds a limitation to the claim it depends

upon

 Narrower in scope as compared to the claim on

which it depends.

 Multiple Dependency:
 Alternative claiming only
 According to claim 3 or 4
 According to claim 3 and 4- Not allowed
 Apparatus Claims:
 Anything mechanical or electrical having
cooperating parts to accomplish a useful result
 Device, machine etc may be used where
appropriate.
 General pattern of preamble:
▪ An apparatus <for performing a specific act> said
apparatus, comprising:
 Article of Manufacture Claims

 Elements tied together

 No moving parts
 General preamble
▪ A <name/category of article>, comprising:
▪ E.g. An ash tray, comprising:
 Product by Process Claims
 Article is claimed through the process by
which it is made
 Covers the claim only when made by that
process.
 General Preamble:
▪ An <article name> produced according to the
process, comprising:
▪ The process elements contain steps of performing
the method usually beginning with gerund verb
form.
▪ E.g. extracting metal from ore
 Introduce each element separately
using articles
 Show interconnectivity between articles
 Use the/said to show antecedent basis
for referring to the elements already
introduced earlier in a claim
 Refer
the same element by the same
name all throughout.
 Negative claiming
 E.g. Rod is not placed on the bottom
portion of the base.
 Word around to make an assertive/positive
statement.
 Claiming holes/empty space
 Never claim a hole
 Claim the surface area containing the hole
 Avoidusing comparative words in the
claims unless absolutely necessary.

 Writefunctional language only when a

suitable structural alternative is not
found.

 Avoidnumbering the steps in a

process. E.g. firstly, then etc.
 Draft one Independent claim.

 Draftone dependent claim

dependent on the Independent claim
drafted above.

 Draft
one multiple dependent claim
dependent on the Independent and
dependent claim above.
1. An apparatus for locking a stand of a two
wheeled vehicle, the apparatus, comprising:
a holder mountable on the stand of the two
wheeled vehicle; and
a piston configured to being released into a
locking position when the stand supports the
two wheeled vehicle and retracted into an
unlocking position when the stand is not
supporting the vehicle.
2. The apparatus as claimed in claim
1, further comprising a solenoid
configured to operate the piston.
3. The apparatus as claimed in claim 1
or 2 further comprising a stopper
attached to the piston wherein the
stopper is configured to stop the
movement of the piston.
 THANK YOU
nishant@brainleague.com

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