How does the MPEP address “subjective terms” in patent claims?
How does the MPEP address “subjective terms” in patent claims?
The MPEP 2173.05(b) addresses the use of subjective terms in patent claims. Subjective terms are relative terms that depend on the subjective opinion of a person. The MPEP states:
“When a subjective term is used in the claim, the examiner should determine whether the specification supplies some standard for measuring the scope of the term, similar to the analysis for a term of degree. Some objective standard must be provided in order to allow the public to determine the scope of the claim.”
The MPEP emphasizes that the use of subjective terms can lead to indefiniteness if the specification does not provide an objective standard for measuring the scope of the term. To avoid indefiniteness, patent applicants should ensure that subjective terms are clearly defined or supported by objective criteria in the specification.
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