How does the USPTO determine if claim language is definite?
The USPTO determines if claim language is definite by applying the following principles:
- Claims are reviewed from the perspective of one of ordinary skill in the art at the time of filing.
- Definiteness is evaluated in light of the content of the application disclosure, prior art of record, and claim interpretation that may be provided by prosecution history.
- Examiner focuses on whether the claim meets the threshold requirements of clarity and precision, not whether more suitable language could have been used.
- Only terms which are not understood or are subject to multiple plausible interpretations should be rejected as indefinite.
As stated in MPEP 2173.02: “The threshold requirement of clarity and precision must be balanced with the limitations of the language and the science.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.02 - Determining Whether Claim Language Is Definite,
Patent Law,
Patent Procedure