Why does the USPTO use the broadest reasonable interpretation standard?
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 USPTO uses the broadest reasonable interpretation (BRI) standard during patent examination for several important reasons. According to MPEP 2111:
“Because applicant has the opportunity to amend the claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified.”
This approach serves several purposes:
- It encourages applicants to draft clear and precise claims.
- It helps identify potential ambiguities or overbroad claim language early in the process.
- It allows for a thorough examination of the claims against prior art.
- It reduces the likelihood of post-grant claim interpretation issues.
By applying the BRI standard, the USPTO aims to ensure that issued patents have well-defined claim boundaries, which benefits both the patent holder and the public by providing clarity on the scope of patent protection.