How does the principle of broadest reasonable interpretation apply to claim interpretation?
How does the principle of broadest reasonable interpretation apply to claim interpretation?
The principle of broadest reasonable interpretation (BRI) is a fundamental concept in patent examination. According to MPEP 2173.01, “The broadest reasonable interpretation of the claims must also be consistent with the interpretation that those skilled in the art would reach.” This means that:
- Examiners must interpret claim terms in light of the specification
- The interpretation should be reasonable and not exceed the scope of the invention as described in the specification
- Claims should be given their plain meaning unless such meaning is inconsistent with the specification
The MPEP further states: “The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art.” This principle ensures a fair and consistent examination process while allowing for the broadest protection legally permitted.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.01 - Interpreting The Claims,
Patent Law,
Patent Procedure