The Meaning of Words and Phrases Commonly Found within Patent Applications

Written By Oliver Leason Patent Attorney

Patent applications typically contain a background section, a summary of the invention, a number of figures, a detailed description of the figures, and, most importantly, a claim set. The background outlines the problem that the current invention seeks to solve and usually provides an overview of any existing methods/technologies and their pitfalls. The summary of the invention lists all the essential and non-essential features of the invention. The detailed description describes the figures and provides at least one example of how the invention could be implemented. Finally, the claim set outlines the scope for which patent protection is being sought. The interplay between these sections and the need to provide a sufficient disclosure of the invention without unduly narrowing the scope of protection being sought is crucial. As such, drafting a patent application is a very bespoke matter.

Patent attorneys spend years qualifying and years more perfecting an individual patent drafting style. In fact, it is often joked that five different patent attorneys would provide at least six different ways of claiming an invention. So why do so many patent attorneys use the same unusual (and some not-so-unusual) words within their patent applications, and what do they all mean?

The table below will hopefully answer some of your questions.

Commonly Used Terms	Example	Meaning
A	A device comprising a widget.	There must be at least one widget, although more may be present.
According to	The device according to claim 1, further comprising a widget.	The device must contain all the features of claim 1, plus a widget.
And	A device comprising a widget and a fastener.	There must always be at least one widget and at least one fastener.
And/or	A widget comprising a screw and/or a bolt.	The widget may contain 1) a screw only; 2) a bolt only; or 3) a screw and a bolt.
Approximately	The fluid is approximately 100⁰C.	The fluid is 100⁰C ± a few degrees. The size of the variance is determined when reading and understanding the application as a whole.
At least one	A device comprising at least one widget.	There must be a widget, although more may be present.
Between X and Y	The device is between 10cm and 20cm wide.	‘Between’ is often ambiguous and should be avoided (or clarified) where possible. Does this cover exactly 10cm or 20cm wide, or only 11cm to 19cm? What about 10.1cm and 19.9cm?
Characterised in that	A device comprising a fastener, characterised in that the fastener is a screw.	A device that has a fastener is already known, but the fact that the fastener is a screw is new (i.e., ‘novel’).
Comprising	A device comprising a widget.	The device must contain a widget, but other features may also be present.
Configured to	A device comprising a blade configured to slice bread.	The blade must be capable of slicing bread, although it could also be capable of other functions, such as chopping wood.
Consisting of	A fastener consisting of a screw.	The fastener is a screw. No other features are present in the fastener.
For	A device for slicing bread.	The device must be suitable for slicing bread, but it does not necessarily have to be used for that purpose. It could (also) be used to slice meat, for example.
Including	A device including a widget	The device must contain a widget, but other features may also be present.
Means for	A device comprising means for heating water.	The device contains any feature or element suitable for heating water.
Optionally	A device comprising a widget and optionally a fastener.	The device contains a widget. The device may also contain a fastener, but it also may not. A fastener is not essential.
Or	A widget comprising a screw or a bolt.	The widget must contain at least one of a screw and a bolt. However, the widget could also contain both a screw and a bolt.
Plurality	A device comprising a plurality of widgets.	The device must contain two or more widgets.
Preferably	A device comprising a fastener, preferably a screw.	The device contains a fastener. The fastener may be a screw or any other type of fastener. A screw is not essential.
Substantially	The wall is substantially perpendicular to the base.	The wall is 90 degrees ± ‘a bit’ with respect to the base, as long as the angle provides the same effect as exactly 90 degrees.
Such that	The device is buoyant, such that it can float on water.	The buoyancy of the device must enable it to float on water, although it may also be able to float on other fluids (or not).
The	A device comprising a fastener, wherein the fastener is a screw.	The previously mentioned ‘a fastener’ is the fastener that is ‘a screw’.
Wherein	A device comprising a fastener, wherein the fastener is a screw.	The fastener is in the form of a screw.

Please note: Some terms may have different meanings and/or applicability in different jurisdictions. If prosecution in a certain jurisdiction is critical, some terms may be best avoided.

If you have any questions or would like to contact our Patent department, please email us at mail@stratagemipm.co.uk.

02 Oct 2024

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