29 May, 2018
Indian courts have discussed the legal position concerning construction of claims and summarized the principles of claim construction in several cases, but the limiting effect of preambles is yet to be specifically tested in a court in India.
A claim usually consists of a preamble, transitional phrase and body. As a general rule, a preamble that recites an intended use or a purpose is not a limitation and will become one if it gives “meaning and vitality” to a claim.
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For further information, please contact:
Dinesh Kumar Sharma, LexOrbis
mail@lexorbis.com
