If one has a patent in which a formulation procedure (delivery system) for a class of drugs, and specifically for one member of that class of drugs is described can statements made in 3-4 different places in the body of the grant provide any protection if the formulation procedure is used to prepare delivery systems for other drugs that do not form a part of the class of drugs specified in the claims. An example of one of the statements made in the body of the grant is the following: "The principles embodied in the invention provide a generally useful drug delivery platform that can be applied to the preparation of topical formulations for a wide variety of poorly water-soluble drugs including, but not limited to, antifungals, anti-infectives, steroids, retinoids, cytostatics, antivirals, etc." There are a couple of other similar statements present in the body of the patent which basically state the same thing.

  • Yes, the final protection is only what the claims state, the body is just to back the claims and therefore always broader. Plus, if you state that your invention can be used in other fields it gets harder for others to patent the invention in a different field.
    – user18033
    Jan 31, 2017 at 7:59

1 Answer 1


The answer is yes, the patent's protection is limited to only what is specified by the claims. The rest of the specification can represent prior art however.

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