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Double Standards at the Federal Circuit |
September 23, 2009
Previously published on September 21, 2009
Generally, "product" claims in a patent define a product in terms of its structure, properties, or composition. A product claim could thus cover a pharmaceutical composition or formulation with a well-characterized compound and useful excipients, a light-weight alloy used in windmill blades for renewable power, or an electrolyte composition for a fuel cell. In contrast, a "product-by-process" claim defines the product partly by how it is made, i.e., the claim recites process or method steps. Product-by-process claims are typically used for newly discovered products with physical characteristics that are unknown or initially difficult to determine. A newly discovered chemical/pharmaceutical compound or a complex protein molecule might be a candidate for product-by-process claim coverage, because the claim includes the steps required to obtain the product without needing substantial information to characterize the product.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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