MPEP § 608.01(k) — Statutory Requirement of Claims (Annotated Rules)

§608.01(k) Statutory Requirement of Claims

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 608.01(k), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Statutory Requirement of Claims

This section addresses Statutory Requirement of Claims.

Key Rules

Topic

Claims

2 rules
StatutoryRequiredAlways
[mpep-608-01-k-34f97bf0a6dabe1e66e4bb65]
Claims Must Particularly Point Out and Distinctly Claim Invention
Note:
The specification must clearly describe the invention and distinctly claim the specific subject matter regarded as the inventor's creation.

35 U.S.C. 112 requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his or her invention. The portion of the application in which this is done forms the claim or claims. This is an important part of the application, as it is the definition of that for which protection is granted.

Jump to MPEP SourceSpecificationPatent Application Content
StatutoryInformativeAlways
[mpep-608-01-k-4fc8640697bfb3d4edc45620]
Claims Must Define Invention for Protection
Note:
The application must include claims that define the invention for which protection is sought.

35 U.S.C. 112 requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his or her invention. The portion of the application in which this is done forms the claim or claims. This is an important part of the application, as it is the definition of that for which protection is granted.

Jump to MPEP SourceSpecificationPatent Application Content

Citations

Primary topicCitation
Claims35 U.S.C. § 112

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31