IPA patent 5.5.4.5-product-by-process-claims — IP Australia Patent Manual of Practice and Procedure – 5.5.4.5 Product by process claims

Also in this Chapter: 5.5.4.1 The claims are construed as a legal document 5.5.4.2 Presumption against redundancy 5.5.4.3 Omnibus claims 5.5.4.4 Swiss claims ​​​​​​​ 5.5.4.6 Parametric claims 5.5.4.7 ‘For use in’, ‘when used’, and similar wording in claims 5.5.4.8 ‘Comprises‘, ‘includes‘, ‘consists of‘, and ‘contains‘ in claims 5.5.4.9 Reference numerals in claims 5.5.4.10 Relative terms 5.5.4.11 ‘Substantially‘, ‘about‘, and ‘generally’ 5.5.4.12 Appended claims Key Legislation: Patents Act: s7 Novelty, inventive step and innovative step s7A Meaning of useful s18 P atentable inventions s40 Specifications s41 Specifications: micro-organisms Related Chapters: National 5.6.7.1 Claims are Clear and Succinct ; 5.6.7.2 Clear enough and Complete Disclosure 5.6.7.3 Support for the Claims 5.6.4 Citations: Prior art base and construction of prior art ; 5.6.5 Novelty, Whole of Contents, and Secret Use ; 5.6.6 Inventive Step ; 5.6.7 Full Disclosure, Sufficiency, Clarity, Support and Usefulness (s40) 5.6.8 Patent Eligible Subject Matter (Manner of Manufacture) International (Vol 6) 6.1.11.3 Searching Product by Process Claims On this page Characteristics Claim construction. Characteristics A ‘product by process’ claim is a claim to an article produced by a process, for example: an article A, characterised by being the product of process B; an article A produced by process B; and an article A obtained by process B. ​​​​​​​ Claim construction Product by process claims are construed to be directed to the article only when the article is obtained or produced by the process. The claim does not extend to the article regardless of the process by which it was obtained or produced ( Kirin-Amgen Inc v Roche Diagnostics GmbH (2002) RPC 1 at paragraph 283). This rule of construction only applies to national examination . For international searching and examination, see 6.1.11.3 Searching Product by Process Claims .