A Jepson claim is a specific type of patent claim designed to clearly define an improvement to an existing invention. It outlines what is already known in the prior art and then distinctly specifies the novel features that constitute the new, patentable improvement.
Structure of a Jepson Claim
The unique format of a Jepson claim makes it easy to identify the existing technology and the innovative addition. It is typically divided into two main parts, separated by the phrase "the improvement comprising" or similar transitional language.
Here's a breakdown of its components:
| Component | Description |
|---|---|
| Preamble | This initial statement describes the current state of the art or the existing invention that is being improved upon. It sets the context for the claimed invention by acknowledging the known elements or processes. This part essentially recites elements or steps of the prior art. |
| Transitional Phrase | This is the hallmark of a Jepson claim, typically using phrases like "the improvement comprising," "wherein the improvement comprises," or "characterized by." It acts as a clear divider, signaling the beginning of the new inventive features. |
| Body of the Claim | This section precisely describes the claimed patentable improvement. It details the new features, modifications, or combinations that distinguish the invention from the acknowledged prior art, making it novel and non-obvious. This is where the innovation is explicitly defined. |
Example:
Consider an improvement to a traditional eyeglasses frame.
- Preamble: "An eyeglasses frame comprising a front piece for holding lenses and two temples pivotally attached to the front piece for resting on the user's ears,"
- Transitional Phrase: "the improvement comprising"
- Body of the Claim: "a flexible hinge mechanism integrated into each temple, said hinge mechanism configured to allow the temples to bend outwards beyond their normal open position, thereby reducing pressure on the user's head."
Purpose and Benefits
Jepson claims are particularly useful when an invention builds directly upon an existing, well-known technology. By clearly separating the prior art from the improvement, they offer several advantages:
- Clarity: They provide a very clear distinction between what is new and what is old, which can simplify examination by patent offices.
- Focus: They direct attention specifically to the inventive contribution, highlighting the precise elements that represent the advancement.
- Efficiency: In some cases, they can streamline the patent application process by explicitly acknowledging the prior art, potentially reducing arguments over what constitutes the background invention.
When to Consider Using a Jepson Claim
Jepson claims are often employed in situations where:
- An inventor has made a specific enhancement or modification to an existing device, system, or method.
- The prior art being improved upon is well-established and can be concisely described.
- The goal is to emphasize the inventiveness of the addition rather than the entire combination of old and new elements.
While they can be highly effective for clarity, their use is not always mandatory or preferred. Patent attorneys often weigh the benefits of a Jepson claim's clarity against potential limitations, as elements recited in the preamble might be considered admitted prior art, which could affect the scope of protection.
