What are the threshold requirements for clarity and precision in patent claims?

The threshold requirements for clarity and precision in patent claims are set forth in 35 U.S.C. 112(b). The MPEP emphasizes:

“The examiner’s focus during examination of claims for compliance with the requirement for definiteness of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, is whether the claim meets the threshold requirements of clarity and precision set forth in the statute, not whether more suitable language or modes of expression are available.”

Key points include:

• Claims must notify the public of what is within the protections of the patent
• The scope of the claims must be sufficiently definite
• Claims should be cast in clear, as opposed to ambiguous, vague, or indefinite terms
• The essential inquiry is whether claims set out and circumscribe a particular subject matter with reasonable clarity and particularity

Examiners should allow claims that define patentable subject matter with the required degree of particularity and distinctness, while suggesting improvements for clarity when appropriate.

To learn more:

• claim clarity
• claim precision
• 35 USC 112(b)
• definiteness requirement
• patent claims