Legal Definitions - comprising

In patent law, the term comprising is used to mean "including but not limited to" or "having at least." When a patent claim uses "comprising" to list components or steps, it signifies that the invention includes those specific elements, but it is not limited exclusively to them. This means that a product or process that contains all the listed elements, plus additional ones not mentioned in the claim, would still fall within the scope of the patent and could potentially infringe upon it. It establishes an "open-ended" claim, offering broader protection to the patent holder.

Here are some examples to illustrate how "comprising" is used in patent claims:

• Example 1: Product Patent

  Imagine a patent claim for a new type of bicycle frame that states: "A bicycle frame comprising a front triangle, a rear triangle, and a seat post tube."

  Explanation: This claim means the patent covers any bicycle frame that includes at least these three fundamental components. If a competitor designs a bicycle frame that incorporates a front triangle, a rear triangle, a seat post tube, *and also* an integrated suspension system, their design would still be considered to "comprise" the elements of the original patent. The addition of the suspension system does not allow them to avoid potential infringement, because the original claim was open-ended.

• Example 2: Process Patent

  Consider a patent for a novel method of manufacturing a durable plastic. The claim reads: "A method for producing a durable plastic comprising the steps of mixing polymer pellets with a strengthening additive, heating the mixture to a specific temperature, and molding the heated mixture into a desired shape."

  Explanation: This patent protects a manufacturing process that includes at least these three steps. If another company uses this method but adds an extra step, such as pre-treating the polymer pellets with a surface agent before mixing, their process would still be considered to "comprise" the patented steps. The inclusion of the additional pre-treatment step does not exempt them from potential infringement of the original patent.

• Example 3: System Patent

  A patent for a new electronic device describes it as: "An electronic device comprising a central processing unit, a memory module, and a display screen."

  Explanation: This claim indicates that the patent covers any electronic device that includes at least these three core components. If a competitor develops a device that contains a central processing unit, a memory module, a display screen, *and also* an advanced haptic feedback system, their device would still be considered to "comprise" the elements of the original patent. The presence of the haptic feedback system does not allow them to bypass the patent claim, as the original claim was not limited to only the listed components.