Claim Drafting: Reflections on Angel Messengers in Qur’an

Introduction:

At its core, a patent claim defines subject matter through a claim category, or the subject of the invention, followed by a list of features defining said invention to be examined for patentability, in particular, with respect to novelty and inventive step. For mechanical inventions, a good patent claim typically defines features both structurally as well as functionally.

The opening of Chapter 35 of The Holy Quran (Surah Fatir, ‘The Originator’) presents a structured description of creation that, when viewed through the lens of patent law, can be read as sharing similarities with the anatomy of a patent claim.

This article is intended as a conceptual exploration, and the observations that follow are presented as analogies through the lens of patent drafting principles.

Chapter 35, Qur’an:

The first verse of Chapter 35 of The Holy Quran, Surah Fatir, states that:

ٱلْحَمْدُ لِلَّهِ فَاطِرِ ٱلسَّمَـٰوَٰتِ وَٱلْأَرْضِ جَاعِلِ ٱلْمَلَـٰٓئِكَةِ رُسُلًا أُو۟لِىٓ أَجْنِحَةٍ مَّثْنَىٰ وَثُلَـٰثَ وَرُبَـٰعَ ۚ يَزِيدُ فِى ٱلْخَلْقِ مَا يَشَآءُ ۚ إِنَّ ٱللَّهَ عَلَىٰ كُلِّ شَىْءٍ قَدِيرٌ [35:1]

English Translation: “All praise is due to Allah, the Originator of the heavens and the Earth, the Maker of the angels, messengers flying on wings, two, and three, and four; He increases in creation what He pleases; surely Allah has power over all things” – [Chapter 35, verse 1].

As can be seen from the above, the verse includes defined subject matter (angels); with specific structural characteristics (two, three or four pairs of wings); a functional role (as messengers transcending between the heavens and Earth), and within a bounded context as an introduction to the Chapter.

In the verse, the subject can be understood as an angel(s), and the ordering of the words in the verse corresponds to the way a claim defines its entity before detailing its features. The subject is introduced with clarity as the central focus of the disclosure.

The structural features that define the inherent characteristics “having wings, two, or three or four” mirrors the way a patent claim might define a feature using variations or ranges, often presented through dependent claims or alternative embodiments.

Typically, dependent claims are limiting features, but importantly, may also demonstrate the detail by which the inventor is capable of defining the finer details of the invention. From a drafting perspective, optional features may reflect expertise over the subject matter, thereby allowing a patent attorney to present variations without unnecessarily limiting the main independent claim, particularly prior to examination.

In the same way, the Quranic verse presents structural variation while maintaining a clear defined identity.

A strong patent claim may not solely rely on structural definitions, but often includes functional language such as “configured to” or “adapted to”, and similarly, the angels are described as “messengers”, i.e., with a role to transmit or deliver a message, through a means of flying albeit interpreted in a literal sense or with deeper meaning, particularly as the subject area is not fully intelligible to human comprehension generally.

This can be understood, in human framing, as “configured to transmit information between…” which introduces a functional definition, tying the identity of the subject and its purpose.

Interestingly, this combination of structure and function also reflects a key principle in modern day patent drafting: a subject is often best defined not only by what it is, but by what it does.

As alluded to above, the defined context of the “heavens” and the “Earth” is similar to how patent claims typically relate to inventions that operate within a defined system, context, or field of invention. The preceding reference to the heavens and the Earth may well provide the aforementioned bounded framework thereby implying how the subject operates, similar to how a claim defines the environment or system in which an invention functions.

All human creation arises from the observation and assembly of existing matter and energy, shaped and transformed in accordance with laws of conservation of mass and energy, in line with the technological progression of human understanding and capability, and within an existing framework.

An invention filed by an inventor is only novel and inventive if it is so over the prior art, i.e., a prior disclosure made available to the public, prior to the filing date of the patent application.

Fundamentally, an inventor observes and assembles, in line with laws of thermodynamics mentioned above, but in a manner that is novel and non-obvious, to arrive at a new product, process, or composition etc., depending on the invention as such.

Origination and Prior Art:

In contrast, the first verse of Surah Fatir opens with “All praise be to The Originator”, which distinguishes The Creator as “The Originator” from creators that merely through observation assemble pre-existing material.

This establishes a different conceptual position, particularly as that which follows, i.e., “an angel messenger” is beyond human comprehension in its full form, yet still described with structure and function.

Obviously, the scripture is not a disclosure to monopolize technology as with an invention disclosed to the patent office in exchange for a limited term of protection, rather, it may be understood to exemplify through an aspect of creation, that is unbeknown to observation yet defined and disclosed with authority.

In patent drafting, a well constructed claim reflects clarity of subject; defined structural features; functional limitations; and scope. Despite similarities, the same constrictions need not entirely apply, as there is no patent office examination. It is quite apt therefore that the verse closes with “He increases in creation what He pleases; surely Allah has power over all things” which is coherent in that The Originator does not need sufficiency of disclosure by any conventional standard except His own, because even when mentioned briefly, and regardless of any level of structural or functional detail, the subject matter of an angel messenger travelling between the heavens and the Earth cannot be conceived by human comprehension or technology.

In this way, the intended and specific reference to an angel messenger from all the possible entities in His creation, may be seen as a fitting example of creation by The Originator with power over a realm comprising entities unknown to us, as opposed to an invention by an inventor that creates output from input, innovates new and inventive technologies but only as compared with the state of the art, and through observation and assembly, but never from nothing.

Conclusion:

When viewed through the lens of patent drafting, the first verse of Chapter 36 of The Holy Qur’an may be read as a highly structured disclosure that defines a subject; provides structural and functional features; incorporates variation with clarity; and situates the subject of an angel messenger within a defined context; while extending beyond conventional human creation into the concept of origination.

Following this introduction, the second verse proceeds to state that “Whatever God grants to men of (His) mercy, there is none to withhold it, and what He withholds there is none to send it forth after that, and He is the Mighty, the Wise”. Now, re-visiting the first verse again, one could extrapolate the concept that human beings are also subjects, with structural and functional features, bound by limitations that rely on The Originator to “expand our wings” so to speak in the form of health, wealth, family, work etc. and other features (blessings), so we may function in our own environment and systems to fulfil our own purposes.

The commentary on the first verse states that:

“God is the originator of the primal cause which began the genetic process of the creation of the universe and its every progressive functioning in innumerable forms, and in countless ways. As man’s knowledge of the processes of nature advances, he sees how complex is the working of the creation itself. The origin of life and the spiritual forces are yet beyond the ken of experimental sciences, but man has become so conscious of the proximate causes that he has forgotten the primal cause, the cause of causes, the ultimate provision from God in creation. For God, the creation of anything is only a matter of His will. As He wills anything to originate, it simultaneously exists. See Chapter 2 (‘Baqarah’, ‘The Cow’, verse 117); Chapter 16 (‘Nahl’, ‘The Bee’, verse 40); Chapter 19 (‘Mary’, verse 35); Chapter 36 (‘Ya Sin’, verse 82); and Chapter 23 (‘Mu’minoon’, ‘The Believers’, verse 68).

Angels are spiritual beings through whom the will or the orders or the decrees of God are executed or announced. Angels can take any shape or form, except the forms of base animals. The messenger angel Jibrail (Gabriel) took the form of a man when he appeared to Mary to announce the joyful news that Isa (Jesus) would be born of her. See Chapter 19 (‘Mary, verse 17); and Chapter 3 (‘Ale Imran’, ‘The Family of Imran’, verses 42 to 47), for the messenger spirit see Chapter 26 (‘Ash-Shu’ara’, ‘The Poets’, verse 193); and Chapter 97 (‘Al-Qadr’, ‘The Power’, verse 4).

The creative process in the universe has never stopped at any time. It is continuously in progress together with the bestowal of Allah’s grace and mercy upon His creation”.

The commentator, Mahdi Puya, further states that “the arabic word for angel i.e., malak (the seventh word of the first verse in Arabic: ‘malaika”), is derived from malaka (to possess), and not from alak (conveying the message). Therefore, the angel as such is not the message, but the carrier of the message. This refers to the multi-functional aspects of the increase as per the will of God, which also supports the theory of the ever-expanding growth and development of the universe”.

The remainder of the Chapter (‘The Originator’) can be read with translation and commentary by visiting https://quran.al-islam.org/ and selecting Chapter number 35.

A is for Angel Messengers comprising two, three or four pairs of wings.

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