What is the ‘preamble-body demarcation approach’ in patent claim analysis?
What is the ‘preamble-body demarcation approach’ in patent claim analysis?
The ‘preamble-body demarcation approach’ is a method used in patent claim analysis to determine whether the preamble limits the scope of a claim. According to MPEP 2111.02, this approach focuses on the point where the preamble ends and the body of the claim begins.
The MPEP states: “The determination of whether a preamble limits a claim is made on a case-by-case basis in light of the facts in each case; there is no litmus test defining when a preamble limits the scope of a claim.“
Key aspects of this approach include:
- Identifying the transition phrase (e.g., “comprising”, “consisting of”) that marks the boundary between the preamble and the body of the claim.
- Examining whether elements in the preamble are referred to in the body of the claim.
- Considering if the preamble provides antecedent basis for terms in the body of the claim.
While this approach can be helpful, it’s important to note that it’s not the sole determinant. The MPEP emphasizes that the preamble’s effect on claim scope must be evaluated in the context of the entire patent, including the specification.
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