Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Product by process claims

Date Published

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  • Characteristics
  • Claim construction.


A ‘product by process’ claim is a claim 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; and
  • an article A obtained by process B.​​​​​​​

Claim construction

Product by process claims are construed to be directed to the article only when the article is 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 paragraph 283).

This rule of construction only applies to national examination. For international searching and examination, see 'Key related topics' above.

Amended Reasons

Amended Reason Date Amended

Published for testing

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