While drafting the patent claims, one needs to consider the scope, characteristics, and structure of the claims. Claims include independent claims and dependent claims, where all the independent claims should be presented covering the broadest scope of the invention in light of the specification. The dependent claims depend directly on an independent claim or indirectly depend on an independent claim through an intervening dependent claim. Based on the jurisdiction both single and multiple dependency claims may be drafted. There are different types of claims that may be used to protect the invention concerned depending on the patent eligible subject matter. Largely, the claims are classified as apparatus/device claims, method claims, and product-by -process claims, software claims, and use claims.
Each independent claim must include a preamble, transitional phrase, and body of the claim. The preamble is nothing but an introductory statement which identifies the category of the invention. The transitional phrase always separates the body of the claim from the preamble. The transitional phrase includes an open-ended phrase, a closed-ended phrase or partially open phrase. Most commonly used open-ended transitional phrase is “comprising of”, “consisting of” constitutes one of the many closed-ended transitional phrases and “consisting essentially of” is an example of a partially open transitional phrase. The transitional phrase is also important in evaluating the scope of the independent claim. Claims play an utmost role to the inventor/applicant’s inventions. Claims define the boundaries of the patented invention. As the claims are crucial to get complete protection for the inventor’s invention, the inventor must most often seek services of a Patent Agent/Attorney who is highly proficient in the art of patent claim drafting thus ensuring that they are properly drafted.
Recently, Indian Patent Office granted a patent application to our client VIHATI TECHNO HEALTH PRIVATE LIMITED. We would like to applaud them for their successful grant. Our client applied under startup scheme for expedited patent examination for the subject patent application. The patent application number is 201841018540 (now granted patent 311876) predominantly discloses a wearable device with various finger sheaths having a fingerprint sensor to collect user authentication. Further, the wearable device discloses a right thumb finger sheath contacting a fourth intercostal space to a right of the sternum of heart and the right thumb finger sheath comprising an electrode to detect the electrical potentials at the fourth intercostal space to the right of the sternum and the vital signs, a right index finger sheath contacting the fourth intercostal space to left side of the sternum of the heart and the right index finger sheath comprising the electrode to detect the electrical potentials at the fourth intercostal space to the left of the sternum and the vital signs.
Further, a left middle finger sheath contacting the fifth intercostal space in midclavicular line and the left middle finger sheath comprising the electrode to detect the electrical potentials at the fifth intercostal space in the midclavicular and the vital signs, a left index finger sheath contacting between the fourth intercostal space left of the sternum and the fifth intercostal space in the midclavicular line and the left index finger sheath comprising the electrode to detect the electrical potentials between the fourth intercostal space and the fifth intercostal space and the vital signs is also disclosed.
Additionally, the wearable device also comprises a processing device to communicate with the electrodes and the sensors. The sensors and the electrodes are very essential in this invention to assess and predict users vital signs in real-time. The sensors and the electrodes are to transmit the detected electrical potentials and vital signs from the different surfaces of the user’s body parts to the processing device and then the processing device stores the electrical potentials and the vital signs. The processing device processes the detected electrical potentials and collected vital signs to assess a user’s health. The wearable device discloses an end user device to receive the processed electrical potentials and the vital signs from the processing device through a network. The objectives achieved herein include: a) measuring user’s vital signs in real time, monitoring the health of the users continuously without hindering their daily activities. b) Improve the quality of life of those suffering from long-term chronic health conditions and contributes to the increased medical awareness in individuals.
Summary of the prosecution history: Post filing, first statement of objections (FSO) contained (i) an inventive step objection u/s 2(1) (j) and (ii) non-patentability objection under the provision of method of diagnosis and the treatment which attract section 3(i) on this patent application. In response to the FSO, claim amendments and arguments to the objections raised were submitted. Without proper specification, patent agents/high professionals cannot draft/amend the claims easily. The patent agents/high professionals must clearly define the patent eligible subject matter in the specification with utmost care without any ambiguity. Since, we had appropriate specification and exemplary drawings disclosed in the patent application, we were able to amend the claims and justify the same with the support of comprehensive specification. A hearing notice was subsequently issued, which maintained the objection under section 3(i) objection of The Patents Act, 1970. Post hearing, the claims were amended in accordance with the hearing objections and written submissions were duly submitted to Indian Patent Office. In conclusion, the subject patent application was granted.
Further clarity may be obtained with reference to the figure below. For those who wish to seek more details regarding the subject patent, it is advisable to refer to the specification along with the claims and drawings together for better understanding.