Legal Definitions - open-ended claim

An open-ended claim is a type of patent claim that contains a nonexclusive list of elements, usually introduced by the phrase "consisting of." This means that a later patent applicant cannot avoid infringement by simply adding an analogue to the list.

• A patent claim for a new type of bicycle tire that includes a list of materials "consisting of rubber, nylon, and Kevlar."
• A patent claim for a new type of smartphone that includes a list of features "consisting of a touch screen, camera, and GPS."

These examples illustrate how an open-ended claim can provide some flexibility in defining the scope of a patent, while still protecting the inventor's rights to the listed elements. However, it also means that competitors may be able to create similar products that include additional elements not listed in the claim.