2.18.5 Inventions Claimed in a Claim

Date Published

In order to satisfy sec 64(2) or sec 101B, the invention must be claimed in a claim of each specification, i.e. it is the claims of the two specifications that are being compared.  Thus, in the case of innovation patents which have been granted (but not certified) and in which there are no, or no “genuine”, claims, sec 64(2) and sec 101B do not come into consideration.  A “non-genuine” claim would be, for example,

“Claim 1. My invention is worth one million dollars.”