How does MPEP 2172 address the concept of “regarded as invention” in patent claims?
How does MPEP 2172 address the concept of “regarded as invention” in patent claims?
MPEP 2172 addresses the concept of “regarded as invention” in patent claims by emphasizing the importance of the claims reflecting what the inventor considers to be their invention. The section states:
“The subject matter which the inventor or a joint inventor regards as the invention is set forth in the claims of the application.”
This means that:
- The claims must accurately represent what the inventor believes to be their invention
- Examiners should focus on the claimed subject matter when determining patentability
- The specification should support and be consistent with the claimed invention
It’s important to note that while the claims define the invention, they must still meet all statutory requirements for patentability. The MPEP 2172 guidance helps ensure that the claims properly reflect the inventor’s intended invention while adhering to patent law requirements.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2172 - Subject Matter Which The Inventor Or A Joint Inventor Regards As The Invention,
Patent Law,
Patent Procedure