What is a product-by-process claim?
A product-by-process claim is a product claim that defines the claimed product in terms of the process by which it is made. According to MPEP 2173.05(p), “A product-by-process claim, which is a product claim that defines the claimed product in terms of the process by which it is made, is proper.” This type of claim is supported by several court decisions, including Purdue Pharma v. Epic Pharma and In re Luck.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(P) - Claim Directed To Product - By - Process Or Product And Process,
Patent Law,
Patent Procedure