How do I create a Feature List for a FTO-Analysis?
What is a Patent Claim?
The claim of a patent describes what is protected in an invention. The wording of the patent claim consists of features that define what is protected – and at the same time, what is not. A patent claim is divided into two sections:
a. Preamble: contains the features of an invention that already originate from what was previously known (prior art).
b. Characterizing part: contains the new, inventive features that distinguish the invention from what was already known.
How do I create a Feature List for a FTO-Analysis?
A feature list breaks down the patent claim into individual technical features, which can then be compared with the prior art or for example, a product.
Procedure for creating a feature list:
1. Read the claim, understand its content; clarify technical terms.
2. Break down each sentence into partial steps.
2.1. Each technical aspect is formulated as a feature.
2.2. One feature per meaningful clause/relative clause/functional clause.
3. Mark each feature in the claim directly with IDs [ID1]…[IDn]. Even seemingly “self-evident” things count (e.g., that it is a device, a process, or a use).
4. Create a table of features:
o Column 1: assign an ID to each feature
o Column 2: for each ID, exact wording (quote) from the claim
o Column 3: paraphrase of the feature
o Column 4: indicator whether the feature has been processed
o Column 5: comment; for example, in comparison with an existing product, how the feature is implemented in the product.
5. Formulate one paraphrase per ID. This documents in your own words how you understood the respective feature. No relative clauses.
6. Create a separate feature list for each claim.
Example
Patent claim 1:
“Device for cutting paper with a cutting blade, which is attached to a holder, characterized in that the holder comprises a spring which automatically returns the blade to its initial position.”
