Are negative limitations allowed in patent claims?

Yes, negative limitations are allowed in patent claims. The Manual of Patent Examining Procedure (MPEP) 2173.05(i) states:

“The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth definitely, albeit negatively, the claim complies with the requirements of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

This means that negative limitations are acceptable as long as they clearly define the scope of the invention. However, it’s important to note that any negative limitation must have support in the original disclosure of the patent application.

To learn more:

• negative limitations
• patent claims
• claim drafting
• patent law
• MPEP
• 35 U.S.C. 112(b)