Abstract
Patent claims play an important role in every patent case and it is the core for evaluation of infringement, validity or originality. There are two main types of claims: the independent claims (stand on their own), and the dependent claims (depending on a single/several claim/claims). Axiomatic design is a design theory that is based on the axioms. The axiomatic design theory makes use of corollaries and theorems which guide/help designers mapping functional domain to physical domain. The relation between functional requirements and design parameters is assured by so called design matrix. In an ideal design the number of design parameters is equal to the number of functional requirements, and the functional requirements are always kept independent from each other. When there are more design parameters than functional requirements, the design is a redundant design. A coupled design can became decoupled by selecting different set of design parameters. The idea of construction of patent claims using Axiomatic Design is based on the assumption of independent claims as a part of an ideal design and dependent claims as a part of a decoupled design.
Highlights
Elaboration of the claims is a challenge when preparing the patenting documentation
“The IP5 Offices account for 90% of all patent applications filed worldwide and for 93% of all work carried out under the Patent Cooperation Treaty (PCT).”[1]
The independence of functional requirements (FRs) can be assured by adjusting the design parameters in a particular order (DP1 first, DP2 second and third DP3)
Summary
Elaboration of the claims is a challenge when preparing the patenting documentation. In a patent, the claims define extension, the scope of the protection for which the patent is conferred. The claims are used to decide the area of protection offered by the patent, but the way of use may vary from one jurisdiction to another. Patent Offices specialists use different tools to analyse claims, especially from the point of view of infringement of rights. Such an instrument is the claim chart. The purpose of this paper is to analyse and demonstrate the possibility of mapping concepts in the field of patents with the concepts of Axiomatic Design theory to develop an analytical tool useful in building / analysing patent claims
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