Legal Definitions - comprising

Definition: Comprising is an adjective used in patents to indicate that the claim includes or has certain elements. This term does not limit the claim to only the specified elements, so a later patent applicant's product or process cannot avoid infringement by simply adding another claim element.

Example 1: A patent claim for a new type of bicycle may read, "A bicycle comprising a frame, two wheels, a chain, and a seat." This means that the bicycle must have these elements, but it can also have other elements not specified in the claim.

Example 2: Another patent claim may read, "A method for making a cake comprising mixing flour, sugar, eggs, and butter." This means that the method must include these ingredients, but it can also include other ingredients or steps not specified in the claim.

These examples illustrate how the term "comprising" is used in patents to indicate that certain elements are necessary for the claim, but not exclusive. This allows for flexibility in the patent and prevents others from avoiding infringement by simply adding another element.