How does the “broadest reasonable interpretation” apply to means-plus-function claim limitations?
The broadest reasonable interpretation (BRI) of means-plus-function claim limitations is subject to specific rules under 35 U.S.C. 112(f). According to MPEP 2111: “The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112,…
Read MoreWhat is the relationship between the broadest reasonable interpretation and the doctrine of claim differentiation?
The broadest reasonable interpretation (BRI) standard and the doctrine of claim differentiation are both important principles in claim interpretation. While MPEP 2111 doesn’t explicitly discuss their relationship, it’s important to understand how they interact: The doctrine of claim differentiation presumes that different claims have different scopes. This can influence the BRI of a claim term.…
Read MoreCan applicants provide their own definitions for claim terms?
Yes, applicants can provide their own definitions for claim terms, which is often referred to as “acting as their own lexicographer.” This practice is recognized in MPEP 2111, which states: “The meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given…
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