How does an examiner determine the scope of claims in a patent application?

Determining the scope of claims is a crucial step in patent examination. According to MPEP 2103, examiners follow these guidelines:

• Broadest Reasonable Interpretation (BRI): Claims are given their broadest reasonable interpretation consistent with the specification.
• Plain Meaning: Terms are interpreted based on their ordinary and customary meaning unless otherwise defined in the specification.
• Consideration of Specification: The specification is reviewed to understand the context and any special definitions.

The MPEP emphasizes: “It is essential that the broadest reasonable interpretation (BRI) of the claim be established prior to examining the claim for compliance with 35 U.S.C. 101, 102, 103, and 112.“

This approach ensures a thorough examination and helps identify potential issues with claim scope and patentability.

To learn more:

• claim interpretation
• broadest reasonable interpretation
• BRI
• patent claims
• MPEP 2103