When can a patent examiner reject claims as prolix?
A patent examiner can reject claims as prolix under specific circumstances outlined in MPEP 2173.05(m). The manual states:
“Examiners should reject claims as prolix only when they contain such long recitations or unimportant details that the scope of the claimed invention is rendered indefinite thereby.”
Additionally, claims may be rejected as prolix “when they contain long recitations that the metes and bounds of the claimed subject matter cannot be determined.” This means that if the excessive wordiness or unnecessary details make it impossible to determine the boundaries of the invention, an examiner may issue a rejection based on prolixity.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(M) - Prolix,
Patent Law,
Patent Procedure