How should patent attorneys approach the use of exemplary language in claims?

Patent attorneys should approach the use of exemplary language in claims with caution. The MPEP 2173.05(d) guidance suggests that examples and preferences are better placed in the specification rather than the claims. When drafting claims:

• Avoid using phrases like “for example,” “such as,” or similar language that could create ambiguity about the claim scope.
• If examples are necessary, consider including them in dependent claims rather than in the independent claims.
• Ensure that the metes and bounds of the claims are clearly defined without relying on exemplary language.
• Use the specification to provide detailed examples and preferences that support the claims without limiting their scope.

By following these practices, patent attorneys can help reduce the risk of indefiniteness rejections under 35 U.S.C. 112(b) and create stronger, more enforceable patent claims.

To learn more:

• patent drafting
• claim language
• exemplary phrases
• indefiniteness
• patent attorneys