What is the purpose of antecedent basis in patent claims?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The purpose of antecedent basis in patent claims is to ensure clarity and definiteness in claim language. According to MPEP 2173.05(e):

“The lack of clarity could arise where a claim refers to “said lever” or “the lever,” where the claim contains no earlier recitation or limitation of a lever and where it would be unclear as to what element the limitation was making reference.”

Proper antecedent basis helps avoid confusion about which elements are being referred to in subsequent parts of the claim, making the scope of the invention clear to those skilled in the art.

Topics: MPEP 2100 - Patentability MPEP 2173.05(E) - Lack Of Antecedent Basis Patent Law Patent Procedure
Tags: Aia Practice, antecedent basis