Indian Legal Position On Limiting Effect Of Preambles

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.

Although India's case law in this area is lacking, Enercon (India) Ltd v Alloys Wobben (2013) is of some assistance. In this case, the Intellectual Property Appellate Board (IPAB) was dealing with an application for revocation of a patent granted to Wobben. Before examining the grounds for revocation, the IPAB dealt with the issue of construction of claims of the patent, particularly claim 1. Wobben argued that the invention related to a device for transmitting electrical energy by means of a DC