Why is it important to consider variant embodiments during patent examination?

Considering variant embodiments during patent examination is crucial because:

• They help determine the actual breadth or scope of the claim
• They may anticipate or render obvious the claimed invention if found in prior art
• They ensure a thorough and comprehensive examination of the patent application

As stated in MPEP 904.01(a), “The claim must be so analyzed and any such variant encountered during the search should be recognized.” This approach helps examiners assess patentability more accurately and prevents the issuance of overly broad patents.

To learn more:

• patent examination
• claim analysis
• prior art search
• variant embodiments