Claim Drafting: Printed Matter and Game Claims

Summary

This practice note provides guidance on drafting patent claims involving printed matter, particularly in the context of games and inventions in U.S. utility patent applications. It emphasizes the necessity of establishing a functional or structural relationship between printed matter and other claimed elements to ensure patentability. Without such a relationship, printed matter may not be given patentable weight, especially if it is the sole distinction from prior art. The note also highlights the challenges faced by game-related claims under 35 U.S.C. § 101 due to their abstract nature, advising that printed matter in games must be functionally tied to an apparatus or involve unique, nonconventional elements to avoid being considered non-patentable. Examples of successful claims, like U.S. Patent No. US 11,351,448 B2, are provided to demonstrate effective claim drafting strategies. Knowledge of the general requirements for patent claims is assumed.