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There are different categories of patent claims that can be used. In general, a distinction can be made between two different categories.
A first general category of patent claims is the “product claim”, which relates to physical entities such as products, devices and apparatuses, but can also include, for example, chemical substances and compositions.
A second general category of patent claims is the “process claim”, which relates to activities, such as methods, processes and uses, as long as some material product is used for effecting such activities. However, there are some exceptions to this which are explicitly excluded from patentability, such as biological processes for the production of plants or animals, and surgical, therapeutic or diagnostic methods for treatment of the human or animal body. Whereas, product claims relating to products for the use in surgical, therapeutic or diagnostic methods are permitted.

In Europe, according to the EPC and its Protocol on Interpretation (Protocol herein after), the claims should be interpreted adopting a balanced approach that combines a fair protection for the patent holder with a reasonable degree of certainty for third parties.

In this perspective, the claims should not be interpreted strictly, in the sense of only the dictionary definition of a certain wording. Conversely, these claims should not be treated as mere guidelines, since the claims play a determinative part in deciding on the patent’s scope. The Protocol thus requires a middle ground between the two extremes to guarantee a balance between fairness to the patent holder and giving the public reasonable certainty as to what the claims actually cover.