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1. Eng’r. Eric C. Paden
Intellectual Property Rights Specialist IV, BOP
Area Manger, IPFOU Visayas
INTRODUCTION TO
CLAIM DRAFTING

2. CONTENT OF PATENT
SPECIFICATION
• Title of the Invention/Utility Model
 Background of the Invention/Utility Model
- Description of the Prior Art
- Objectives
- Summary of the Invention/Utility Model
 Brief description of the several views of the drawings
 Detailed Description
 Claim(s)
 Abstract
• Technical Field of the Invention/Utility Model

3. WHAT DO YOU REGARD AS YOUR INVENTION
Claim your property!

4. WHAT IS A CLAIM?
• DEFINES THE MATTER FOR WHICH PROTECTION
IS DESIRED OR THE METES AND BOUNDS OF
YOUR PROTECTION.
• CLAIMS SHOULD BE CLEAR AND CONCISE.
• SHOULD BE FULLY SUPPORTED BY THE
DESCRIPTION.

5. CLAIM CATEGORIES
a. Apparatus
c. Method or Process
b. Product
d. Use
1. Physical Entity
2. Activity

6. APPARATUS CLAIM
What is claimed is:
1. A skewer aid device, comprising:
a round bar having a pointed tip at one end; and
a tube integrally connected at the other end of said
round bar.
2. A skewer air device according to claim 1, wherein said tube is
adapted to receive a bamboo stick to accommodate the food from
said round bar.
3. A skewer aid device according to claim 1, wherein said round bar
and said tube are made of stainless steel.
4. A skewer aid device according to claim 1, wherein said round bar
having a smaller diameter than said tube.
5. A skewer aid device according to claim 1, wherein said tube
having one end tapered to adapt to the size of said round bar.

7. PRODUCT CLAIM
What is claimed is:
1. An organic dewormer composition for free range chicken, consisting
of:
Betel Nut powder - 90% to 99%
Ascorbic Acid - 1% to 10%

8. METHOD OR PROCESS CLAIM
What is claimed is:
1. Process of producing organic dewormer for free range chicken, comprising the
(following) steps (of):
a. harvesting of betel nut (Areca catechu) preferably the green fruit;
b. air-drying the nut for 1 week reaching 90% moisture;
c. grounding the betel nut with pulveriser;
d. weighting of ground betel nut;
e. mixing the powdered betel nut with ascorbic acid;
f. packing the powder with capsule to ensure dosage;
g. weighting the capsule in 400mg; and
h. storing the capsulize dewormer in sealed bottle for further use.

9. USE CLAIM
1.) The use of substance X as an insecticide
as equivalent to a "process claim”
“A process of killing insects using substance X”
Other example
1.) The use of a transistor in an amplifying circuit
as equivalent to a “process claim”
“A process of amplifying using a circuit containing the
transistor”
and should not be interpreted as
“An amplifying circuit in which the transistor is used"

10. SETS OF CLAIM
INDEPENDENT CLAIM
 CLAIMS THAT COULD STAND ALONE AND DOES NOT
REFER TO OTHER CLAIM/S
 BROADEST CLAIM
DEPENDENT CLAIM
 CLAIM OF THE SAME CATEGORY THAT INCLUDES ALL
THE FEATURES OF THE PRECEDENT CLAIM
 SPECIFIC CLAIM OR FALL BACK DURING EXAMINATION

11. SETS OF CLAIM
INDEPENDENT CLAIM
1. A skewer aid device, comprising:
a round bar having a pointed tip at one end; and
a tube integrally connected at the other end of said round bar.
DEPENDENT CLAIM
2. The/A skewer air device according to claim 1, wherein said tube is adapted to
receive a bamboo stick to accommodate the food from said round bar.
3. The/A skewer aid device according to claim 1, wherein said round bar and said
tube are made of stainless steel.
4. The/A skewer aid device according to claim 1, wherein said round bar having a
smaller diameter than said tube.
5. The/A skewer aid device according to claim 1, wherein said tube having one end
tapered to adapt to the size of said round bar.

12. PARTS OF A CLAIM
 THE PREAMBLE
 TRANSITIONAL PHRASE
 THE BODY
A claim format must consists of:
1. The Preamble, Transitional Phrase:
a 1st Element ;
a 2nd Element; and
a 3rd Element.
}The Body

13. PARTS OF A CLAIM
THE
PREAMBLE
 Identifies the category of the invention
e.g. An apparatus; A device; An article; A composition; A
method or process
May recite an object of the invention
e.g. An apparatus for cooking; A device for measuring the
length; A non-motorized vehicles; A composition for treating dengue; A
method for making tea;
 In most cases it is consistent with the title of the invention but not
all the time

14. PARTS OF A CLAIM
TRANSITIONAL
PHRASE
 Open-ended Phrase (comprising)
- “including”, “containing”, “characterized by”, “characterized
in that”
- do not exclude any additional unrecited elements
- expand the scope of the claim by allowing for other elements
or limitations
Closed Phrase (consisting of)
- limits the scope of the claim to only the recited elements

15. PARTS OF A CLAIM
THE BODY
 Must recite the elements (structures, parts, steps,
ingredients) and limitation of the claim
 Explains how the different elements exist in relationship to
one another
For example:
1. A game device, comprising:
a handle;
a head portion connected to the handle; and
a protrusion being secured to the handle.


16. PARTS OF A CLAIM
THE BODY
 Not merely a list of parts/cataloging of parts
 Must be connected in some manner
For example:
1. A game device, comprising:
a handle;
a head portion; and
a protrusion.


17. BASIC RULES IN CLAIM DRAFTING
 The scope of the claim is generally determined by the
elements (structures, parts, steps, ingredients) and
limitation recited in its body
 The principal elements must be introduced positively or
directly with proper antecedent basis
use indefinite article “a” or “an” when introducing an element for the first time
use definite article “the” or “said” when referring back to the introduced element
For example:
1. A game device, comprising:
a handle;
a head portion connected to the handle; and
a protrusion being secured to the handle.

18. BASIC RULES IN CLAIM DRAFTING
 Must be in a single sentence form either in one paragraph
form or small paragraphs, i.e. starting with a capital letter
and ending up with a period
a comma separates the preamble from the transitional phrase
a colon separates the transitional phrase from the body
small paragraphs that define and describe the logical elements are separated
with semi colons
For example:
1. A game device, comprising:
a handle;
a head portion connected to the handle; and
a protrusion being secured to the handle.

19. BASIC RULES IN CLAIM DRAFTING
 Use of special words to further define a structure or
provide a function associated with a given structure
such as “wherein”, “whereby”, “such that”
For example:
1. A game device, comprising:
a handle;
a head portion connected to the handle; and
a protrusion being secured to said handle,
wherein the protrusion is detachable from said handle.

20. BASIC RULES IN CLAIM DRAFTING
 Two-part claim or Improvement type/Jepson form Claim
The general technical class of apparatus, process, etc. to which the invention
relate and those technical features which are necessary for the definition of the
subject matter are stated in the preamble as old positive elements but are part of
the prior art;
A characterizing portion preceded by the expression, “characterized in that” or
“characterized by” stating the technical features as new positive elements which,
in combination with the old positive elements constitute the invention it is desired
to protect.
Example Two-part Claim:
1. A game device, comprising a handle and a head portion connected to the handle, characterized
in that, a protrusion is secured to the handle.
Example Improvement/Jepson form Claim:
1. A game device having a handle, a throat portion, and a head portion connected to the throat
portion, wherein the improvement comprises a protrusion being secured to said handle.

21. BASIC RULES IN CLAIM DRAFTING
CLAIMS SHOULD BE
CLEAR AND CONCISE.

22. WHAT IS CLARITY
THE CLAIM IS CLEAR WHEN ITS WORDING ENABLES THE
PERSON SKILLED IN THE ART TO TELL WHETHER OR NOT
ANY GIVEN ENTITY OR ACTIVITY FALLS WITHIN THE
SCOPE OF THE CLAIM.
A PATENT ONCE ISSUED, CANNOT BE CANCELLED ON
THE GROUNDS OF LACK OF CLARITY.

23. BASIC RULES IN CLAIM DRAFTING
Broad Claim:
1. A game device, comprising:
a handle;
a head portion connected to the
handle; and
an anti-slippage means is secured
to the handle.
Narrow Claim:
1. A game device, comprising:
a handle;
an elongated round bar extended to
the handle;
a round head portion connected to
said round bar; and
a rubber cushion pad being secured
to said handle.

24. BASIC RULES IN CLAIM DRAFTING
DRAFT THE CLAIM

25. www.ipophil.gov.ph
Address:
IPCenter # 28 Upper Mckinley Road,
Mckinley Hill Town Center, Fort
Bonifacio, Taguig City
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