What is the significance of transitional phrases in patent claims?

Transitional phrases in patent claims are crucial as they define the scope of a claim with respect to additional components or steps. The MPEP states, The transitional phrases “comprising”, “consisting essentially of” and “consisting of” define the scope of a claim with respect to what unrecited additional components or steps, if any, are excluded from the scope of the claim. These phrases determine whether a claim is open-ended or closed to additional elements.

The interpretation of these phrases can significantly impact the breadth of patent protection and how the claim is interpreted during patent examination or litigation.

To learn more:

• transitional phrases
• patent claims
• claim scope
• claim interpretation