How does the USPTO determine what invention is sought to be patented?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. According to MPEP 2103 , the USPTO determines what invention is sought to be patented by carefully analyzing the disclosure and claims of the patent application. The MPEP states: “ The claimed invention is defined by the words of the claims interpreted in light of the specification. “ This process involves: Reading the entire disclosure to understand the invention Analyzing the claims, giving them their broadest reasonable interpretation Identifying any special definitions provided in the specification Considering the preamble’s effect on claim scope Examiners must ensure that they understand the full scope of the claimed invention before proceeding with the examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiners Must Determine Exact Invention and Claim Scope MPEP 2103 Required Claim Scope Defined by Limiting Terms MPEP 2103 Required Examiners Must Interpret Claims Broadly MPEP 2103 Claim Scope Must Be Determined Before Patentability Review MPEP 2103 Required Four Eligibility Requirements for Patent Examination MPEP 2103 Determining Claim Scope Limitations MPEP 2103 Enablement Requirement for Patent Claims MPEP 2103 Initial Review Must Address All Statutory Requirements MPEP 2103 Scope of 112(f) Claimed Function Defined by Structure MPEP 2103 Comparison of Claimed Invention to Prior Art Required for Patentability MPEP 2103 Other Related FAQs 5 FAQs Collapse What are the key requirements under 35 U.S.C. 112 in patent examination? What is the purpose of compact prosecution in patent examination? How do examiners determine what invention is sought to be patented? How does an examiner determine the scope of claims in a patent application? What is the ...