What is Antecedent Basis?
Precision and clarity within your claims is important. When you are referring to the details of the invention in a claim, it is critical to accurately describe each aspect of the invention. For example, if you are describing a critical component of the invention, accurate use of the indefinite and definite articles can mean the difference between approval and rejection.
Using Patent Companion helps you avoid office actions, potential challenges, and litigation for unclear claims due to lack of antecedent basis. It helps you avoid indefinite claims by finding inconsistencies with antecedent usage in the Claims section of your patent application. As an added bonus, if there is an issue with your claim tree such that Patent Companion cannot identify proper antecedent basis, it will let you know through an error message so you can fix the claim tree as well. When you fix the claim tree, rerun Patent Companion for the Antecedent Basis results.
As you draft your patent application, you may copy, add, delete, or move parts of or entire claims within the patent. This alone can render claims indefinite simply because references to definite words or phrases are not defined previously in the claims. Patent Companion’s Antecedent Basis looks for these issues, and returns information to you to review and change the wording before submitting your patent.
Searching for Improper Antecedent Basis
Analyzing your patent for lack of proper antecedent basis is as simple as copy, paste, click.
- First, copy the contents of your patent application from your document, including both the Claims and Specifications sections.
- Next, paste the contents into the Patent Companion application launch page.
- Finally, click the Analyze button to begin the process.
Patent Companion searches your patent text for potential issues in all categories at the same time. When presented with the results, you can filter the display by clearing the remaining charms in the Show/Hide Results area of the product. With multiple ways to navigate through the results, Patent Companion provides you flexibility to work the way you prefer. Once complete, you can use Patent Companion to generate a report of the results, enabling you to save or share the results with an associate working on the patent.