How does the preamble affect Jepson claims in patent applications?
How does the preamble affect Jepson claims in patent applications?
The preamble plays a crucial role in Jepson claims, a specific claim format used in patent applications. According to MPEP 2111.02, in Jepson claims, the preamble is always regarded as a limitation of the claim.
The MPEP states: “In Jepson claims, the preamble is considered to positively and clearly include all the elements or steps recited therein as a part of the claimed combination.“
Key aspects of preambles in Jepson claims:
- The preamble describes elements or steps of the claimed invention that are considered prior art.
- It is followed by the phrase “wherein the improvement comprises” or similar language.
- Everything in the preamble is considered a limitation and part of the claimed invention.
- The body of the claim then describes the improvement or novel aspects of the invention.
For example, a Jepson claim might start: “In a computer system comprising a processor and memory, wherein the improvement comprises…” Here, the computer system with a processor and memory is considered prior art and a limitation of the claim. The improvement described after this preamble is the novel aspect of the invention.
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