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Major types of patent claims
Produced in partnership with Bristows
Practice notesMajor types of patent claims
Produced in partnership with Bristows
Practice notesTypes of patent claims
Patent claims may be separated into two broad categories: product claims and process claims. Product claims and process claims are recognised as having a different scope of protection in section 60(1) of the Patents Act 1977. However, patent claims may be further categorised based on the particular arrangement or features of the claim. Such arrangements and features have arisen through a combination of case law, patent office practice and legislative developments. This Practice Note describes some of the main types of patent claims commonly encountered by practitioners.
Claims to products
A product claim is a claim to a thing per se, such as an article, machine, substance or composition. Such claims require the product to have certain technical features, which may be structural or functional in nature, to distinguish it from what has gone before. Structural features are physical characteristics of a product, whereas functional features are actions the product is able to perform. In the US, such functional features are referred to as ‘means-plus-function’ features. Any structure which is able to perform the specified
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