How does the specification affect claim interpretation?
The specification plays a crucial role in claim interpretation. According to the MPEP, “The best source for determining the meaning of a claim term is the specification – the greatest clarity is obtained when the specification serves as a glossary for the claim terms.”
(MPEP 2111.01)
The specification can affect claim interpretation in several ways:
- It can provide explicit definitions for claim terms
- It can implicitly define terms through consistent usage
- It can disavow or disclaim certain interpretations of claim terms
- It provides context for understanding the claimed invention
However, it’s important to note that limitations from the specification should not be improperly imported into the claims unless clearly intended by the applicant.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2111.01 - Plain Meaning,
Patent Law,
Patent Procedure