What types of claim language are acceptable in patent applications?

Patent applicants have considerable flexibility in the types of claim language they can use. According to MPEP 2173.01:

“Applicant may use functional language, alternative expressions, negative limitations, or any style of expression or format of claim which makes clear the boundaries of the subject matter for which protection is sought.”

This means that inventors can use various types of claim language, including:

• Functional language (describing what something does rather than what it is)
• Alternative expressions (providing multiple options)
• Negative limitations (explicitly stating what is not included)
• Any other style that clearly defines the invention’s scope

The MPEP also cites In re Swinehart, which states that “a claim may not be rejected solely because of the type of language used to define the subject matter for which patent protection is sought.” This emphasizes the importance of focusing on the substance of the claim rather than its form.

To learn more:

• claim language
• patent applications
• functional language
• alternative expressions
• negative limitations