Chapter IV – Claims (Art. 84 and formal requirements)
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  8. 4.23 Order of claims
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4. Clarity and interpretation of claims

Overview

4.23 Order of claims 

There is no legal requirement that the first claim must be the broadest. However, Art. 84 requires that the claims must be clear not only individually but also as a whole. Therefore, where there is a large number of claims, they need to be arranged with the broadest claim first. If the broadest of a large number of claims is a long way down such that it could easily be overlooked, the applicant is required either to rearrange the claims in a more logical way or to direct attention to the broadest claim in the introductory part or in the summary of the description.

Furthermore, if the broadest claim is not the first one, the later broader claim must also be an independent claim. Consequently, where these independent claims are of the same category, an objection may also be raised under Rule 43(2) (see F‑IV, 3.2 and F-IV, 3.3).

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