We begin claim drafting today in my patent law course. I wonder what Patently-O readers think of the following patent office rule found in 37 C.F.R. 1.75(e)
Where the nature of the case admits, as in the case of an improvement, any independent claim should contain in the following order:
- A preamble comprising a general description of all the elements or steps of the claimed combination which are conventional or known,
- A phrase such as “wherein the improvement comprises,” and
- Those elements, steps, and/or relationships which constitute that portion of the claimed combination which the applicant considers as the new or improved portion.
Recognize here (1) as a promulgated rule, the provision has the force of law but (2) very few claims follow this suggested form.