How does the specification affect claim interpretation?
The specification plays a crucial role in claim interpretation. According to the MPEP, “The best source for determining the meaning of a claim term is the specification – the greatest clarity is obtained when the specification serves as a glossary for the claim terms.” (MPEP 2111.01) The specification can affect claim interpretation in several ways:…
Read MoreWhat is the “plain meaning” of a claim term?
The “plain meaning” of a claim term refers to the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. As stated in the MPEP, “[T]he ordinary and customary meaning of a claim term is the meaning that the term would have to a person…
Read MoreCan an applicant be their own lexicographer?
Yes, an applicant can act as their own lexicographer. The MPEP states, “An applicant is entitled to be their own lexicographer and may rebut the presumption that claim terms are to be given their ordinary and customary meaning by clearly setting forth a definition of the term that is different from its ordinary and customary…
Read MoreWhat is the “ordinary and customary meaning” in patent claim interpretation?
What is the “ordinary and customary meaning” in patent claim interpretation? The “ordinary and customary meaning” in patent claim interpretation refers to the meaning that a term would have to a person of ordinary skill in the art at the time of the invention. This concept is fundamental to claim construction and is outlined in…
Read MoreCan extrinsic evidence be used to interpret patent claim terms?
Can extrinsic evidence be used to interpret patent claim terms? Yes, extrinsic evidence can be used to interpret patent claim terms, but it is generally considered less significant than intrinsic evidence. The MPEP 2111.01 provides guidance on this matter: “Extrinsic evidence may be used to interpret claims if the intrinsic evidence does not establish the…
Read MoreWhat is claim scope disavowal?
Claim scope disavowal, also known as disclaimer of claim scope, occurs when an applicant clearly disavows the full scope of a claim term in the specification. The MPEP explains, “Disavowal, or disclaimer of claim scope, is only considered when it is clear and unmistakable.” (MPEP 2111.01) Disavowal can be made explicitly or by implication. For…
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