Construction and the Inventive Concept

Date Published

Before commencing the search you need to know what it is you are trying to find. Claim construction is key and its importance must not be overlooked.

For specific guidance on claim construction, see 2.11.2 Construction of Specifications; 1.1.7 Claim Interpretation; Broad Claimsl PCT Articles 5 and 6; Searching Product by Process Claims.

Quite often the scope of the independent claim will be broader than the inventive concept, which itself will usually be broader than the embodiments. If you misconstrue the claims, don’t identify the inventive concept and/or the problem to be solved, or restrict yourself to the embodiments then you may not find relevant art.

Answers to the following questions will aid in claim construction and the development of a robust search strategy: