What is the definiteness requirement for design patent claims?
The definiteness requirement for design patent claims under 35 U.S.C. 112(b) means the claim must particularly point out and distinctly claim the subject matter the inventor regards as the invention. Key points include:
- The scope of protection must be clear from the disclosure
- Boundaries between claimed and unclaimed portions must be definite
- The article of manufacture must be clearly identified
The MPEP notes: Rejections under 35 U.S.C. 112(b) (or for applications filed prior to September 16, 2012, pre-AIA 35 U.S.C. 112, second paragraph), should be made when the scope of protection sought by the claim cannot be determined from the disclosure.
(MPEP 1504.04)
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