How does referencing limitations affect product-by-process claims?
Referencing limitations can be particularly relevant for product-by-process claims. The MPEP 2173.05(f) provides an example:
“The product produced by the method of claim 1.”
This example demonstrates that it’s acceptable to define a product claim by referencing a method claim. Such claims are not automatically considered indefinite under 35 U.S.C. 112(b). However, patent applicants should ensure that the referenced method claim provides sufficient detail to define the product’s characteristics, as the patentability of a product does not depend on its method of production.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(F) - Reference To Limitations In Another Claim,
Patent Law,
Patent Procedure