Product By Process Claims: A Different Aspect For Patentability And Infringement

Claims define the boundary of a patent specification or in other words claims define the protection conferred by a patent. There are various types of claims; product by process claim is one of them used to make the product/product of a specific method. For example polypeptides, recombinant or genetically modified product etc. obtained/produced by process/method of claim. The claim typically uses the words such as a product “obtained by”, “obtainable by”, “produced by”, and “A product of a process comprising the steps of”. Product by process claims are generally drafted to define a novel and non-obvious product which could not be defined by its physical attributes. Moreover the product may have the novel and non-obvious characteristics linked to the process from which it is obtained.

Product by Process Claims – A Different Aspect for Patentability and Infringement by Swati Gupta