What is the “clear reliance on the preamble” standard in patent claims?
The “clear reliance on the preamble” standard is a key concept in determining whether a preamble limits the scope of a claim. According to MPEP 2111.02, “clear reliance on the preamble during prosecution to distinguish the claimed invention from the prior art transforms the preamble into a claim limitation because such reliance indicates use of the preamble to define, in part, the claimed invention.” This means that if an applicant uses the preamble to differentiate their invention from prior art during the patent examination process, the preamble becomes a limiting part of the claim.
The standard requires that the reliance on the preamble be clear and explicit. Mere passing references to the preamble or ambiguous statements may not be sufficient to meet this standard. Patent examiners and courts will look for definitive statements or arguments that demonstrate the preamble’s importance in defining the claimed invention.
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