How does the “original claims” concept affect specification and claim correspondence?
The concept of “original claims” has a unique impact on the correspondence between specification and claims. MPEP 2173.03 states:
“Original claims constitute part of the specification and provide their own written description.”
This means that original claims (those present in the application as filed) are considered part of the specification itself. As such, they inherently have support in the specification and can serve as their own written description. However, this doesn’t exempt them from the requirement of clarity and definiteness. Even original claims must be clear, concise, and supported by the rest of the specification to avoid indefiniteness rejections.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.03 - Correspondence Between Specification And Claims,
Patent Law,
Patent Procedure