What is the legal basis for the requirement of definite claim language in patents?
The legal basis for the requirement of definite claim language in patents is found in 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The MPEP states:
“35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph requires that a patent application specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.“
This statutory requirement forms the foundation for the definiteness standard in patent claims, ensuring that the boundaries of the claimed invention are clearly delineated.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173 - Claims Must Particularly Point Out And Distinctly Claim The Invention,
Patent Law,
Patent Procedure