How should examiners establish a clear record when rejecting claims for indefiniteness?
Examiners are required to establish a clear record when rejecting claims for indefiniteness. The MPEP provides guidance: “Examiners should note that Office policy is not to employ per se rules to make technical rejections. Examples of claim language which have been held to be indefinite set forth in MPEP § 2173.05(d) are fact specific and…
Read MoreWhat is the difference between claim breadth and indefiniteness?
It’s important to distinguish between claim breadth and indefiniteness in patent examination. The MPEP clarifies this distinction: “Examiners, however, are cautioned against confusing claim breadth with claim indefiniteness. A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined.” Key points to understand: A…
Read MoreWhat is the “broadest reasonable interpretation” standard in claim indefiniteness?
What is the “broadest reasonable interpretation” standard in claim indefiniteness? The “broadest reasonable interpretation” (BRI) standard is a crucial concept in determining claim indefiniteness. According to MPEP 2173.02: “The USPTO employs the ‘broadest reasonable interpretation’ standard: The broadest reasonable interpretation of the claims must also be established prior to examining a claim for definiteness.” This…
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