Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

The forum software has been upgraded.  New registrations are not currently permitted while we iron out any bugs and other matters.  Please report any problems you find.

Author Topic: Fingerprint Claim: Chemical Invention  (Read 947 times)

devinder singh rawat

  • Guest
Fingerprint Claim: Chemical Invention
« on: 01-02-06 at 04:56 am »

What are "Fingerprint Claims" and How these are drafted in claiming the Chemical / Biotechnological Invention

Logged

Wiscagent

  • Lead Member
  • *****
  • Posts: 1405
    • View Profile
Re: Fingerprint Claim: Chemical Invention
« Reply #1 on: 01-02-06 at 09:36 am »

Here are some definitions of “fingerprint claim”

A claim characterising a new product of an unknown structure in terms of its properties.
    http://www.piperpat.com/IPInformation/IPGlossary/tabid/63/Default.aspx

A fingerprint claim ... defines the novel product in terms of its physical or chemical parameters. Such a claim is used in cases where the invention involves a complex novel DNA or amino acid sequence or the precise structure of the product is not known, for example, a new complex polymer or alloy.
    http://www.library.ubc.ca/scieng/patents/resinv.html

A compound may still be patentable even if its chemical structure is uncertain or unknown. The difficulty lies in defining the compound in such a way that it can be claimed unambiguously. ... it may well be possible to obtain the compound in pure form and define it in terms of properties which may be: physical, for example melting-point, i.r. spectrum, n.m.r. spectrum, crystal form; physico-chemical, such as solubility in various solvents; chemical, such as its action with various reagents; or biochemical, for example its effect upon various bacteria. The greater the number of such characterizing properties that can be found, the better. The compound can then be claimed in terms of these properties in a so-called 'fingerprint claim'. This is preferable to making a guess at an uncertain structure, since if the guess is wrong the mistake cannot normally be corrected later
    www.postech.ac.kr/class/ipr2000/ info/chemical%20inventions.doc

In Europe, and to a lesser extent in the U.S., these types of claims face an uphill battle for allowance.

Richard Tanzer
Logged
Richard Tanzer
Patent Agent
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.076 seconds with 17 queries.