Why does the USPTO use the broadest reasonable interpretation standard?

The USPTO uses the broadest reasonable interpretation (BRI) standard during patent examination for several important reasons. According to MPEP 2111:

“Because applicant has the opportunity to amend the claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified.”

This approach serves several purposes:

• It encourages applicants to draft clear and precise claims.
• It helps identify potential ambiguities or overbroad claim language early in the process.
• It allows for a thorough examination of the claims against prior art.
• It reduces the likelihood of post-grant claim interpretation issues.

By applying the BRI standard, the USPTO aims to ensure that issued patents have well-defined claim boundaries, which benefits both the patent holder and the public by providing clarity on the scope of patent protection.

To learn more:

• broadest reasonable interpretation
• BRI
• USPTO
• patent examination
• claim amendments