IPA patent 6.1.7.1.1-pct-guideline-references-and-flow-chart — IP Australia Patent Manual of Practice and Procedure – 6.1.7.1.1 PCT Guideline References and Flow Chart

Also in this Chapter: 6.1.7.1.2 Overview of the Hierarchy 6.1.7.1.3 Special Meaning, Ordinary Meaning, Everyday Meaning 6.1.7.1.4 Closed and Open Definitions and Implications for Interpretation 6.1.7.1.5 Implications of the Hierarchy on Searching 6.1.7.1.6 Practices for the Interpretation of Claims 6.1.7.1.7 Interpretation of Citations - Inherency Key Legislation: PCT ISPE Guidelines: Paragraphs 5.04-5.11 Paragraphs 5.12-5.19 Paragraphs 5.20-5.28 ​​​​​​​ Paragraphs A5.20[1]-[2] On this page Aspects of claim interpretation Claims Interpretation Flowchart Descriptive text of the Claims Interpretation Flowchart Aspects of claim interpretation The PCT International Search and Preliminary Examination Guidelines contain 3 aspects of claim interpretation which need to be considered when construing the claims. Interpretation of terms and phrases in a claim which is addressed in paragraph 5.20 and in the annex at paragraphs A5.20[1] and A5.20[2] . Form and Content of Claims (independent, dependent, method claims, product claims) which is addressed in paragraphs 5.04-5.19 . Interpretation of particular types of claims (use, open and closed, means-plus function, product by process) which is addressed in paragraphs 5.21-5.28 . Aspects 2 and 3 are self-explanatory as detailed in the PCT guidelines. A synopsis of the various forms and types of claims along with the catch phrases of the paragraphs are shown in the flow chart below. Examiners should consider their construction of claims keeping in view the relevant paragraphs in Chapter 5 of the guidelines. Descriptive text of the Claims Interpretation Flowchart The flowchart describes considerations for claims interpretation. Claims are to be interpreted in the same way for both search and examination. Claim Interpretation includes 3 main sections, which are: form and content of claims wording of claims types of claims. The 7 sections under form and content of claims are: kind of claim ( PCT/ISPE/GL paragraphs 5.12–5.19 , A5.16[1] and [2] ) preamble considerations ( PCT/ISPE/GL paragraphs 5.22–5.23 ) two part claims ( PCT/ISPE/GL paragraphs 5.04–5.05 ; PCT Rule 6.3(b) ) inconsistency between claims and description ( PCT/ISPE/GL paragraph 5.29 ) clarity (PCT/ISPE/GL paragraphs 5.31–5.35 , 5.20 , 5.40–5.41 ) support in description ( PCT/ISPE/GL paragraphs 5.43–5.44 ) alternative means ( PCT/ISPE/GL paragraph 5.56 ). The 3 sections under wording of claims are: priority-I special meaning (PCT/ISPE/GL paragraphs 5.20 , A5.20[1] ) priority-II ordinary meaning (which is used if there is no special meaning) priority-III everyday meaning (which is used if no special or ordinary meaning is available). The 5 sections under types of claims are: use claims ( PCT/ISPE/GL paragraph 5.21 ) use of, when used claims ( PCT/ISPE/GL paragraph A5.21 ) product by process claims ( PCT/ISPE/GL paragraphs 5.26–5.27 , A5.26[1] and [2] ) open and closed claims ( PCT/ISPE/GL paragraph 5.24 ) means plus function claims ( PCT/ISPE/GL paragraph 5.25 ).