What is the “broadest reasonable interpretation” in patent examination?

The “broadest reasonable interpretation” (BRI) is a standard used during patent examination to interpret the language of patent claims. According to MPEP 2173.05(a):

“During patent examination, the pending claims must be given the broadest reasonable interpretation consistent with the specification.”

This means that:

• Examiners interpret claim language as broadly as reasonable while still being consistent with the patent specification.
• This approach helps to ensure that the full scope of the claimed invention is considered when evaluating patentability.
• It allows for a thorough examination of the claims against prior art and other patentability requirements.

The BRI standard is applied during examination to reduce the possibility that the claims, once issued, will be interpreted more broadly than justified. Applicants can overcome broad interpretations by amending the claims or providing evidence that the interpretation is unreasonable in light of the specification.

To learn more:

• broadest reasonable interpretation
• BRI
• patent examination
• claim interpretation
• patent claims