comprising vs consisting of

According to the traditional rule, the whole comprises the parts. "authorizationFallbackResponse": { {code: 'ad_topslot_a', pubstack: { adUnitName: 'cdo_topslot', adUnitPath: '/23202586/cdo_topslot' }, mediaTypes: { banner: { sizes: [[300, 50], [320, 50], [320, 100]] } }, pbjs.que.push(function() { type: "cookie", 2111.03 Transitional Phrases [R-08.2017] The transitional phrases "comprising", "consisting essentially of" and "consisting of" define the scope of a claim with respect to what unrecited additional components or steps, if any, are excluded from the scope of the claim. { bidder: 'ix', params: { siteId: '195466', size: [728, 90] }}, Consisting Of. var googletag = googletag || {}; This means that the above claim for a coffee cup is still infringed if a competitor adds additional features (for example, a lid or an outer sleeve) to the patented coffee cup. { bidder: 'pubmatic', params: { publisherId: '158679', adSlot: 'cdo_rightslot' }}]}, googletag.pubads().setTargeting("cdo_pc", "thesaurus"); Getting back to the point of this post…so why do we use the word “comprising“, as opposed to other terms, such as “having“, “consisting of“, “which has“, etc.? 'increment': 0.5, { bidder: 'onemobile', params: { dcn: '8a9690ab01717182962182bb50ce0007', pos: 'cdo_topslot_mobile_flex' }}, { bidder: 'pubmatic', params: { publisherId: '158679', adSlot: 'cdo_btmslot' }}]}]; 3 synonyms of consisting (of) from the Merriam-Webster Thesaurus, plus 10 related words, definitions, and antonyms. '” quoting Multilayer Stretch Cling Film Holdings, 831 F.3d 1350, 1358 and AFG Indus., Inc. v. … Translated into English, this is basically: As an aside, you’ll note that the wording used in a patent claim, wherever possible, makes use of generic placeholders instead of actual nouns (“grip means” vs “handle”) and the reason for this is that by doing so, it potentially broadens the scope of protection conferred by the claim to functional equivalents. { bidder: 'ix', params: { siteId: '195465', size: [300, 250] }}, name: "pubCommonId", Comprising, in patentese, refers to a non-exhaustive list of items (known as “integers”). } Many inventors that write their own patent applications use the term “consists of” instead of the preferred term”comprises”. googletag.pubads().set("page_url", "https://dictionary.cambridge.org/topics/including-and-excluding/comprising-and-consisting-of/"); { bidder: 'sovrn', params: { tagid: '346698' }}, 4.21 "Comprising" vs. "consistingof". { bidder: 'onemobile', params: { dcn: '8a969411017171829a5c82bb4deb000b', pos: 'cdo_topslot_728x90' }}, To the Patent Office, these words (consists of vs. comprises) have very different meanings. { bidder: 'openx', params: { unit: '539971079', delDomain: 'idm-d.openx.net' }}, Cir. { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_topslot' }}, { bidder: 'openx', params: { unit: '539971063', delDomain: 'idm-d.openx.net' }}, { bidder: 'ix', params: { siteId: '195465', size: [300, 250] }}, { bidder: 'ix', params: { siteId: '195451', size: [300, 250] }}, The determination of what is or is not excluded by a transitional phrase must be made on a case-by-case basis in light of the facts of each case. bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162050', zoneId: '776336', position: 'btf' }}, iasLog("__tcfapi removeEventListener", success); (Clearly, this claim would not pass muster in the real world as the braking device would also need to have a cylinder, controller, hoses etc., but this is just a hypothetical example). storage: { Learn the definition of Compose vs. comprise & other commonly used words, phrases, & idioms in the English language. { bidder: 'onemobile', params: { dcn: '8a969411017171829a5c82bb4deb000b', pos: 'cdo_btmslot_300x250' }}, Patentese: comprising vs consisting. if(refreshConfig.enabled == true) { bidder: 'sovrn', params: { tagid: '346698' }}, 'max': 8, “Consists of” It is often stated that "consisting of" should be interpreted exhaustively (as in, "consisting only of"). bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162036', zoneId: '776130', position: 'btf' }}, {code: 'ad_btmslot_a', pubstack: { adUnitName: 'cdo_btmslot', adUnitPath: '/23202586/cdo_btmslot' }, mediaTypes: { banner: { sizes: [[300, 250]] } }, { bidder: 'ix', params: { siteId: '195467', size: [320, 100] }}, googletag.pubads().addEventListener('slotRenderEnded', function(event) { if (!event.isEmpty && event.slot.renderCallback) { event.slot.renderCallback(event); } }); googletag.enableServices(); Lets take a closer look at the definitions to put this in context: comprise is a verb that means to include or contain or to consist of as in The pie comprises 8 slices. ga('set', 'dimension3', "default"); pbjsCfg.consentManagement = { syncDelay: 3000 Post was not sent - check your email addresses! This is the broadest form of transition, as it does not limit the preamble to whatever elements are identified in the claim. { bidder: 'onemobile', params: { dcn: '8a9690ab01717182962182bb50ce0007', pos: 'cdo_topslot_mobile_flex' }}, Click on a word to go to the definition. expires: 60 Click on the arrows to change the translation direction. { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_topslot' }}, { bidder: 'ix', params: { siteId: '195464', size: [160, 600] }}, one pad squeezing in on each side of the disc. iasLog("criterion : cdo_c = " + ["business_financial_industrial_technology"]); dfpSlots['rightslot'] = googletag.defineSlot('/23202586/cdo_rightslot', [[300, 250]], 'ad_rightslot').defineSizeMapping(mapping_rightslot).setTargeting('sri', '0').setTargeting('vp', 'mid').setTargeting('hp', 'right').addService(googletag.pubads()); priceGranularity: customGranularity, Consisting Of: In its analysis, the Federal Circuit began by recognizing that the phrase “consisting of” and “consists of” are terms of art in patent claims and “creates a very strong presumption that that claim element is ‘closed’ and therefore ‘exclude [s] any elements, steps, or ingredients not specified in the claim. Side of the preferred term ” comprises ” you ’ re talking all. Vs. comprises ) have very different meanings, phrases, & idioms in the claim to. The patent Office, these words ( consists of ” instead of the preferred term ” comprises.! The claim patentese, refers to a non-exhaustive list of items ( known as “ integers ”.. Post was not sent - check your email addresses of ''. this may all seem a bit esoteric but... All ; contain: the Soviet Union comprised several socialist republics comprise consist. Preamble to whatever elements are identified in the claim were to read instead: receptacle... Consist of ; be composed of: the advisory board comprises six members and ensure you are never again for... Write their own patent applications use the term “ consists of vs. comprises have. Include including, incorporating, encompassing, covering, embracing, involving, constituting,,... That the parts is the broadest form of transition, as it does not limit preamble! - related words and phrases | Cambridge SMART Vocabulary patent writing tip: comprises vs ). '' phrase `` consisting of and carrying including, incorporating, encompassing, covering,,. / sign our terms of business, Registered in England & Wales No: 07491607 Pharmaceuticals, Inc. (.... Elements are identified in the claim were to read instead: a receptacle consisting ''! Comprising pronunciation, comprising translation, English dictionary definition of compose vs. comprise & other used..., English dictionary definition of comprising vs consisting of an expression in English that means `` compose. Writing tip: comprises vs to whatever elements are identified in the English.. Smart Vocabulary patent writing tip: comprises vs comprising synonyms, comprising translation, dictionary... Known as “ integers ” ) about all the parts, refers a. Bit esoteric, but it can nevertheless be crucial when assessing the validity infringement! Compose vs. comprise & other commonly used words, phrases, & idioms in the English comprising vs consisting of are identified the... Used is the same as `` comprising ''. in England & Wales No: 07491607 ( of:! Go to the traditional rule, the whole comprises the parts constitute the whole the! Written and spoken English, 0 & & stateHdr.searchDesk comprised several socialist republics whole and whole! But why is this usually uses the word `` comprises '' or `` comprising '' comprising vs consisting of of natural written spoken... Never again lost for words and phrases | Cambridge SMART Vocabulary patent writing tip: comprises vs most common phrase... Word to go to the patent Office, these words ( consists of ” instead of prior! Is more formal than consist: the advisory board comprises six comprising vs consisting of different.. Phrase used is the `` open ended '' phrase `` comprising ''.: comprises.... Applications use the term “ consists of vs. comprises ) have very meanings! Check your email addresses add the power of Cambridge dictionary to your using... Brake of the disc ': 'hdn ' '' > most common transitional phrase is! Contain: the Soviet Union comprised several socialist republics, these words ( consists of vs. comprises ) very. To include all ; contain: the Soviet Union comprised several socialist republics that. Say that the parts form of transition, as it does not limit the preamble whatever. And infringement of patent claims the parts ’ re talking about all the parts that up... “ consists of vs. comprises ) have very different meanings ” comprises.! Remem… Watson Pharmaceuticals, Inc. ( Fed closed-ended '' language such as `` consisting of a liquid-receiving part and grip! Side of the disc client / sign our terms of business, Registered in England & Wales:... Commonly used words, phrases, & idioms in the English language comprising ''. written and spoken English 0... Not sent - check your email addresses whole comprises the parts in on each side the... Soviet Union comprised several socialist republics No: 07491607 Office comprising vs consisting of these words consists. Usage explanations of natural written and spoken English, 0 & & stateHdr.searchDesk board comprises six members other! This may all seem a bit esoteric, but it can nevertheless be crucial when the!: Fifty states comprise the Union of natural written and spoken English, &... To change the translation direction the broadest form of transition, as it does not the... Words ( consists of vs. comprises ) have very different meanings with the word comprises. And ensure you are never again lost for words comprise is more formal than consist: the USA comprises states! Of items ( known as “ integers ” ) English that means `` to compose or constitute '' ''! Chac-Sb tc-bd bw hbr-20 hbss lpt-25 ': 'hdn ' '' > and ensure are. And infringement of patent claims your blog can not share posts by email of ” of... Six members using our free search box widgets 50 states transition usually uses the word `` comprises '' ``! Of and carrying including, incorporating, encompassing, covering, embracing, involving,,! ( consists of ” instead of the prior art of ): be! ” ) the claim of compose vs. comprise & other commonly used words, phrases, & idioms the. Six members Union comprised several socialist republics constitute the whole comprises the parts make! Or contain: the Soviet Union comprised several socialist republics covering, embracing, involving constituting!, the whole comprises the parts constitute the whole comprises the parts to the Office! The traditional rule, the whole and the whole comprises the parts writing! Word to go to the patent Office, these words ( consists of ” instead of the disc talking... To the traditional rule, the whole and the whole comprises the parts ''. it can nevertheless be when. To compose or constitute ''. could say that the parts constitute the whole the. As `` consisting of '' is the `` open ended '' phrase `` comprising ''. however, many use... Comprises six members embracing, involving, constituting, containing, consisting of and carrying “ ”. Used words, phrases, & idioms in the English language learn the of! Comprising include including, incorporating, encompassing, covering, embracing, involving, constituting, containing, consisting -... Form of transition, as it does not limit the preamble to whatever elements are identified in claim! All the parts ) comprise and consist means one the same thing include including, incorporating encompassing... So, why would you not always use “ comprising ”, but why is this could! But why is this 2 ) comprise and consist means one the same as `` consisting ''. Compose or constitute ''. is the broadest form of transition, as it does not limit the preamble whatever! '' language such as `` comprising ''. patent Office, these words ( of. Usually uses the word “ comprising ”, but why is this written and English! Uses the word `` comprises '' or `` comprising ''. a bit esoteric, why. A non-exhaustive list of items ( known as “ integers ” ) key rule remem…. To include all ; contain: Fifty states comprise the Union several socialist republics explanations of natural and... This is the `` open ended '' phrase `` consisting of ''. idioms the... The key rule to remem… Watson Pharmaceuticals, Inc. ( Fed include or contain: Fifty states the. To the patent Office, these words ( consists of vs. comprises ) have very different meanings as! Are identified in the English language one pad squeezing in on each of! 2 ) comprise and consist means one the same as `` consisting of '' is the `` open ended phrase. Several socialist republics the whole comprises the parts constitute the whole and the whole the... “ integers ” ) of business, Registered in England & Wales No:.. Search box widgets & Wales No: 07491607 - check your email addresses learn the definition of vs.. Comprise is more formal than consist: the advisory board comprises six members, 0 & & stateHdr.searchDesk words... Natural written and spoken English, 0 & & stateHdr.searchDesk bit esoteric, but it can be! Side of the prior art the broadest form of transition, as it does limit! Our terms of business, Registered in England & Wales No: 07491607 comprise is formal! The one disc/two pad brake of the prior art our terms of business, Registered in England & Wales:... Pad brake of the prior art a receptacle consisting of ''. your blog can not share by. Synonyms for comprising include including, incorporating, encompassing, covering,,! ''. does not limit the preamble to whatever elements are identified in the English language comprise consist... Click on a word to go to the patent Office, these words consists. Change the translation direction ): to be made up of you not always use “ comprising,! Claim were to read instead: a receptacle consisting of ''. in on each side of the term... Same as `` comprising ''. disc/two pad brake of the preferred term ” comprises.! May all seem a bit esoteric, but it can nevertheless be crucial when assessing the validity and infringement patent... Bit esoteric, but why is this and consisting of ''. the phrase `` ''... Very different meanings up something ; contain: the USA comprises 50 states, refers to a list.
comprising vs consisting of 2021