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ARTICLE · 12 OCTOBER 2021

Do Reference Signs Clarify Or Limit The Scope Of Patent Claims In India?

Reference signs are used to improve the intelligibility of claims. Sometimes also known as "reference numerals", they help understand claims in light of the specification and ...

GlobalIntellectual Property

Reference signs are used to improve the intelligibility of claims. Sometimes also known as "reference numerals", they help understand claims in light of the specification and drawings on record. If a patent application contains drawings, the claims can be clarified by establishing a connection between the features mentioned in the claims, corresponding to reference signs in the drawings. This is why one often finds reference signs or numerals placed in parentheses after features mentioned in claims.

However, there is some cloud over whether adding reference signs in the claims limit the scope of the claims themselves in India. More specifically, does the insertion of reference signs, which denotes a particular feature in the claims, limit that feature to all its embodiments as shown in the accompanying drawings?

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