6.1.7.1.1 PCT Guideline References and Flow Chart

Also in this Chapter:

• 6.1.7.1.2 Overview of the Hierarchy
• 6.1.7.1.3 Special Meaning, Ordinary Meaning, Everyday Meaning
• 6.1.7.1.4 Closed and Open Definitions and Implications for Interpretation
• 6.1.7.1.5 Implications of the Hierarchy on Searching
• 6.1.7.1.6 PCT GL Appendix Paragraphs 5.20[1] and 5.20[2]
• 6.1.7.1.7 Interpretation of Citations - Inherency

Key Legislation:

PCT ISPE Guidelines:

• para 5.04-5.11
• para 5.12-5.19
• para 5.20-5.28​​​​​​​
• para A5.10[1]-[2]

The PCT guidelines contain 3 aspects of claim interpretation which need to be considered when construing the claims:

1. Interpretation of terms and phrases in a claim which is addressed in paragraphs 5.20 and in the annex at paragraphs A5.20[1] and A5.20[2]
2. Form and Content of Claims (independent, dependent, method claims, product claims) which is addressed in paragraphs 5.04-5.19
3. Interpretation of particular types of claims (use, open and closed, means-plus function, product by process) which is addressed in paragraphs 5.21-5.28.

Aspects 2 and 3 are self-explanatory as detailed in the PCT GL. A synopsis of the various forms and types of claims along with the catch phrases of the paragraphs are shown in the flow chart below. Examiners should consider their construction of claims keeping in view the relevant paragraphs in Chapter 5 of the PCT GL.

Claims Interpretation Flowchart