I have a process that performs the same steps as prior art.
However my "wherein" part is completely unique.
Will it be considered as a valid independent claim?
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Sign up to join this communityI have a process that performs the same steps as prior art.
However my "wherein" part is completely unique.
Will it be considered as a valid independent claim?
Yes
A wherein clause can definitely contain a limiting element in a claim. In contrast, a therefore clause that explains the result of previous steps would not contain a limiting element.
FYI, In the US patent system we do not think in terms of inventive step. The claim as a whole is what either defines something as novel and non-obvious or does not. The rest of the world, in contrast, does think of claims as the old part and the inventive step.