How does the principle of claim differentiation affect claim interpretation?
The principle of claim differentiation is an important tool in claim interpretation. According to the MPEP:
This principle is based on the assumption that each claim in a patent has a different scope. Therefore:
- If a dependent claim includes a specific limitation, it’s presumed that the independent claim it depends from does not include that limitation.
- This presumption can be used to interpret the broader scope of the independent claim.
However, it’s important to note that this is a rebuttable presumption. The MPEP clarifies:
“This presumption is rebuttable if other evidence in the specification or prosecution history clearly indicates that the claims should be interpreted differently.”
Examiners and courts use this principle as one of several tools to understand the intended scope of patent claims.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.01 - Interpreting The Claims,
Patent Law,
Patent Procedure