Product by Process Claims

Date Published

A claim may be directed to an article produced by a process, for example:

  • "An article A, characterised by being the product of process B."

  • "An article A produced by process B."

  • "An article A obtained by process B."

Such a claim is directed to the article only when obtained or produced by the process.  The claim does not extend to the article regardless of the process by which it was obtained or produced.

Kirin-Amgen Inc v Roche Diagnostics GmbH [2002] RPC 1 at [283].

Note: This construction only applies to national examination.  For international searching and examination the approach to be followed is outlined in Searching Product by Process Claims.