| Form of Claims |
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608.01(m) Form of Claims [R-7]
The claim or claims must commence on a separate physical sheet or electronic page and
should appear after the detailed description of the invention. Any sheet including a claim or
portion of a claim may not contain any other parts of the application or other material.
While there is no set statutory form for claims, the present Office practice is to insist that
each claim must be the object of a sentence starting with "I (or we) claim," "The invention
claimed is" (or the equivalent). Each claim begins with a capital letter and ends with a
period. Periods may not be used elsewhere in the claims except for abbreviations. Where
a claim sets forth a plurality of elements or steps, each element or step of the claim should
be separated by a line indentation, 37 CFR 1.75(i).
There may be plural indentations to further segregate sub-combinations or related steps.
In general, the printed patent copies will follow the format used but printing difficulties or
expense may prevent the duplication of unduly complex claim formats.
Reference characters corresponding to elements recited in the detailed description and
the drawings may be used in conjunction with the recitation of the same element or group
of elements in the claims. The reference characters, however, should be enclosed within
parentheses so as to avoid confusion with other numbers or characters which may appear
in the claims. The use of reference characters is to be considered as having no effect on
the scope of the claims.
Many of the difficulties encountered in the prosecution of patent applications after final
rejection may be alleviated if each applicant includes, at the time of filing or no later than
the first reply, claims varying from the broadest to which he or she believes he or she is
entitled to the most detailed that he or she is willing to accept.
Claims should preferably be arranged in order of scope so that the first claim presented is
the least restrictive. All dependent claims should be grouped together with the claim or
claims to which they refer to the extent practicable. Where separate species are claimed,
the claims of like species should be grouped together where possible. Similarly, product
and process claims should be separately grouped. Such arrangements are for the
purpose of facilitating classification and examination.
The form of claim required in 37 CFR 1.75(e) is particularly adapted for the description of
improvement-type inventions. It is to be considered a combination claim. The preamble of
this form of claim is considered to positively and clearly include all the elements or steps
recited therein as a part of the claimed combination.
For rejections not based on prior art, see MPEP § 706.03.
The following form paragraphs may be used to object to the form of the claims.
¶ 6.18.01 Claims: Placement
The claims in this application do not commence on a separate sheet or electronic page in
accordance with 37 CFR 1.52(b)(3). Appropriate correction is required in response to this
action.
SOURCE: US Patent Website 2010
The claim or claims must commence on a separate physical sheet or electronic page and
should appear after the detailed description of the invention. Any sheet including a claim or
portion of a claim may not contain any other parts of the application or other material.
While there is no set statutory form for claims, the present Office practice is to insist that
each claim must be the object of a sentence starting with "I (or we) claim," "The invention
claimed is" (or the equivalent). Each claim begins with a capital letter and ends with a
period. Periods may not be used elsewhere in the claims except for abbreviations. Where
a claim sets forth a plurality of elements or steps, each element or step of the claim should
be separated by a line indentation, 37 CFR 1.75(i).
There may be plural indentations to further segregate sub-combinations or related steps.
In general, the printed patent copies will follow the format used but printing difficulties or
expense may prevent the duplication of unduly complex claim formats.
Reference characters corresponding to elements recited in the detailed description and
the drawings may be used in conjunction with the recitation of the same element or group
of elements in the claims. The reference characters, however, should be enclosed within
parentheses so as to avoid confusion with other numbers or characters which may appear
in the claims. The use of reference characters is to be considered as having no effect on
the scope of the claims.
Many of the difficulties encountered in the prosecution of patent applications after final
rejection may be alleviated if each applicant includes, at the time of filing or no later than
the first reply, claims varying from the broadest to which he or she believes he or she is
entitled to the most detailed that he or she is willing to accept.
Claims should preferably be arranged in order of scope so that the first claim presented is
the least restrictive. All dependent claims should be grouped together with the claim or
claims to which they refer to the extent practicable. Where separate species are claimed,
the claims of like species should be grouped together where possible. Similarly, product
and process claims should be separately grouped. Such arrangements are for the
purpose of facilitating classification and examination.
The form of claim required in 37 CFR 1.75(e) is particularly adapted for the description of
improvement-type inventions. It is to be considered a combination claim. The preamble of
this form of claim is considered to positively and clearly include all the elements or steps
recited therein as a part of the claimed combination.
For rejections not based on prior art, see MPEP § 706.03.
The following form paragraphs may be used to object to the form of the claims.
¶ 6.18.01 Claims: Placement
The claims in this application do not commence on a separate sheet or electronic page in
accordance with 37 CFR 1.52(b)(3). Appropriate correction is required in response to this
action.
SOURCE: US Patent Website 2010