When is a broad claim considered indefinite?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A broad claim is considered indefinite when it lacks clarity in defining its scope. The MPEP 2173.04 states:

A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined. But a claim is indefinite when the boundaries of the protected subject matter are not clearly delineated and the scope is unclear.

This means that breadth itself doesn’t make a claim indefinite. Rather, indefiniteness occurs when:

  • The boundaries of the protected subject matter are not clearly defined
  • There is ambiguity in the claim language leading to multiple reasonable interpretations
  • The scope of the claim cannot be determined with reasonable certainty

In essence, a broad claim becomes indefinite when its language fails to provide clear guidance on what is and isn’t covered by the claim.

Topics: MPEP 2100 - Patentability MPEP 2173.04 - Breadth Is Not Indefiniteness Patent Law Patent Procedure
Tags: Aia Practice