PCT AG-IP 5.164 How must the abstract be drafted?

Article 3(3)
Rule 8

5.164.   How must the abstract be drafted?  The abstract must consist of a summary of the disclosure as contained in the description, the claims and any drawings.  Where applicable, it must also contain the most characteristic chemical formula.  The abstract must be as concise as the disclosure permits (preferably 50 to 150 words if it is in English or when translated into English).  As a rule of thumb, it can be said that the volume of the text of the abstract, including one of the figures from the drawings (if any), should not exceed what can be accommodated on an A4 sheet of typewritten matter, 1½ spaced.  The other physical requirements must correspond to those for the description, outlined in paragraph 5.105.  The abstract must be so drafted that it can efficiently serve as a scanning tool for the purposes of searching in the particular art.  These and other requirements concerning the abstract are spelled out in detail in Rule 8.

5.165.   The abstract should be primarily related to what is new in the art to which the invention pertains.  Phrases should not be used which are implicit (for instance, “the invention relates to …”).

5.166.   If the invention is in the nature of a modification to an apparatus, process, product or composition, the abstract should be directed to the technical disclosure of the modification.  If the invention is of a basic nature, the entire technical disclosure may be new in the art and the abstract should be directed to the entire disclosure.  If an international application relating to a product, particularly a compound or composition, also contains significant disclosure of its method of preparation or use, this matter should also be abstracted.  If the disclosure involves alternatives, the abstract should deal with the preferred alternative and identify the others if this can be done succinctly;  if this cannot be done, it should mention that they exist and whether they differ substantially from the preferred alternative.

5.167.   Where applicable, and provided the international application contains the information, the abstract should include at least the following:  (1) if the invention is a machine, apparatus, or system, its organization and operation;  (2) if the invention is an article, its method of making;  (3) if the invention is a chemical compound, its identity and preparation;  (4) if the invention is a mixture, its ingredients;  (5) if the invention is a process, the steps.  Extensive mechanical and design details of apparatus should not be given.

Rule 8.1(a)(ii)

5.168.   With regard particularly to chemical inventions for compounds or compositions, the general nature of the compound or composition should be given as well as the use thereof, for example, “the compounds are of the class of alkyl benzene sulfonyl ureas, useful as oral anti-diabetics.” Exemplification of a class should be by a typical example.  For processes, the type of reaction, reagents and process conditions should be stated, generally illustrated by a single example.  Wherever applicable, the chemical formula should be given which, among all the formulae contained in the international application, best characterizes the invention.

Rule 8.1(c)

5.169.   The abstract must not contain statements on the alleged merits or value of the claimed invention or on its speculative application.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip05.html

Date retrieved: 02 November 2015

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