The Application

Invention shall be defined in technical terms (Rule 19(7))

5.11 Rule 19(7) states that the definition in the claim of the matter for  which protection issought shall be in terms of the technical features of the invention which may be expressed in structural, functional or mathematical terms.

5.12 The fact that the technical features of the invention may be expressed in structural, functional or mathematical terms provides the applicant with a great deal of flexibility as to how they choose to define their invention. For example, an invention may be  defined in terms of function rather than structure and an objectionshould not be raised merely on the form of the claim.

5.13 Rule 19(7) essentially sets out the requirements under Section 25(5 (a) in order for the claims to define the matter for which the applicant seeks protection. Accordingly, in most cases an objection will refer to Section 25(5)(a) as the statutory basis for such objections. Further details are given below in the discussion of Section 2 (5)(a).

5.14 An objection under Rule 19(7)/Section 25(5)(a) may be appropriate to be raised in the case of applications that prima facie contain patentable subject matter, but where the invention has been defined in a manner that does not include a technical feature disclosed in the specification.

5.15 Where the claims comprise definitions of weights and measures, these should be expressed in terms of the metric system, in accordance with Rule 23(20) and Rule 23(21). Rule 23(22) prescribes that temperatures should be expressed in degrees Celsius. It should be noted the the aforementioned rules apply to the rest of the specification as well.