What is the standard for determining indefiniteness 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 standard for determining indefiniteness in patent claims is whether those skilled in the art would understand what is claimed when the claim is read in light of the specification. As stated in the MPEP:

“A decision on whether a claim is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph requires a determination of whether those skilled in the art would understand what is claimed when the claim is read in light of the specification.”

This standard is based on the perspective of a person of ordinary skill in the relevant art, considering the claim language, specification, and prosecution history.

Topics: MPEP 2100 - Patentability MPEP 2173.02 - Determining Whether Claim Language Is Definite Patent Law Patent Procedure
Tags: Aia Practice, claim form, judicial review, patent issuance, Reasons Statement