I understand that a claim like:

A compound as claimed in claim 1 for use as a medicine.

is a "use" claim (compound used as medicine) as further explained here.

Now I ask myself, is a claim like:

A coating prepared from the composition according to any one of claims 1-22.

also a "use" claim (composition used as coating), or is it a "product" claim because it claims a coating consisting of the composition.

1 Answer 1


The link pointed to in the question does not cover the case the question thinks it covers. The example in the question is not a "use" claim even though that word appears. As pointed out in the WIPO site "the use of substance X as an insecticide" is taken to be a method claim - a way of using. That is the claim is to a series of steps. In the question we have "a compound for use as a medicine" - that is a claim to a compound and the "for use as" tells us what one might do with it but that does not change the fact that the claim is to "a compound" - a thing.

Patents for doing a specific thing with a compound are method or process claims - " (a) calculate a dose of the compound and (b) administer a dose to a patient with X disorder.

The second example is clearly a claim to a thing, not a use. "A coating" is a thing. The rest of the sentence tells us how the coating is made. A claim - "A method of making a coating (a) get compound X, (b) crush it into a powder (c) dissolve it in oil . . . " is a method to make a coating. Another claim might be a method of applying a coating.


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