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[rahulvartak]

Hello Everybody,

I have been  looking at the term " Product By Process "patents and trying to understand the precise definition of Product By Process patents.

I  wonder how a product by process patent can be different from the basic patent?

Comments are welcome.

Regards,

Rahul Vartak.

[Wiscagent]

In "Landis on Mechnaics of Patent Claim Drafting", 5th ed., Faber defines a product by process claim as "... one where an article or at least one element of an article is claimed by reciting the process for fabricating the artice or its element.  Typically, the article is or element is recited in the form of a method claim or a method limitation, preferably by using the gerund form for the process step in which the product or its element is formed."

A trivial example would be a claim for pancakes:

A fried food product prepared by a process comprising:
- mixing the contents of at least one egg with milk,
- adding flour to the egg/milk mixture to form a batter,
- applying a quantity of batter to a hot, oiled surface,
- cooking the batter until it solidifies.

I am claiming a "fried food product" but all the limitations relate to the process for making the product.

Does this help?

Richard Tanzer
patent agent