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『Rule 22
    An independent claim of an invention or utility model shall contain a preamble portion and a characterizing portion, and be presented in the following form:
(1) a preamble portion: indicating the title of the claimed subject matter of the technical solution of the invention or utility model, and those technical features which are necessary for the definition of the claimed subject matter but which, in combination, are part of the most related prior art;
(2) a characterizing portion: stating, in such words as “characterized in that…” or in similar expressions, the technical features of the invention or utility model, which distinguish it from the most related prior art. Those features, in combination with the features stated in the preamble portion, serve to define the scope of protection of the invention or utility model.』
 原則として独立クレームは、プレアンブル部分(a preamble portion)と、特徴部分(a characterizing portion)とに分けて記載しなければならない(いわゆるJepson形式のクレームでなければならない)。ヨーロッパ実務に同じ。
『Where the manner specified in the preceding paragraphs is not appropriate to be followed because of the nature of the invention or utility model, an independent claim may be presented in a different manner.』
『An invention or utility model shall have only one independent claim, which shall precede all the dependent claims relating to the same invention or utility model.』

Post Author: tsubakipat