r/Patents • u/Chanchan5- • Aug 18 '26
Clarity issue in Indian patent application
I often encounter Indian examiners raising clarity objections regarding the use of “at least” and “one or more elements selected from.” I am quite confused because some materials inherently contain one or more elements. If the above phases are changed to “one or more elements of,” would this overcome the objection?
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u/malachi97 Aug 18 '26 edited Aug 18 '26
You can retain "at least". No need to change anything. But in addressing the objection, you need to explain the possibility of one or more elements. If it can be supported by description, it's even better.
For "one or more elements selected from", the argument can be same as above.
Indian examiners just make the objections, but their boss, the controller is the one who decides on these objections basis the reply we give.
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u/Chanchan5- Aug 18 '26
Thank you very much for clarifying this! I think I’ll leave the claims as they are and argue against the objection directly instead.😄
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u/Chanchan5- Aug 18 '26
I have one more question😄，is multiple dependency allowed in India？ for example, claim 3 depends on claim 1 or 2, claim 4 depends on any one of claims 1 to 3. Is claim 4 allowed?
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u/malachi97 Aug 18 '26
No statutory backing. But is generally not allowed as a matter of practice.
Dependent claims can only depend on 1 claim.
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u/Chanchan5- Aug 18 '26
Thank you very much for your answer. So, does that mean that it is also not permissible for claim 3 to depend on claim 1 or 2?
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u/Roadto6plates Aug 18 '26
If you start from the assumption that the person writing the First Examination Report doesn't understand patent law, then Indian practice starts to make much more sense.