Can claimed subject matter exclude equivalents?
Yes, claimed subject matter can exclude equivalents. MPEP 904.01(b) states:
“All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter.”
This implies that patent applicants can explicitly exclude certain equivalents from their claims. However, such exclusions must be clearly stated in the claim language. When drafting patent applications, inventors and attorneys should carefully consider whether to exclude specific equivalents, as this may narrow the scope of protection but potentially increase the likelihood of patent grant by differentiating from prior art.
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