How does the USPTO view the importance of claim definiteness in patent quality?

The USPTO places great importance on claim definiteness as a crucial factor in patent quality. The MPEP explicitly states: “Optimizing patent quality by providing clear notice to the public of the boundaries of the inventive subject matter protected by a patent grant fosters innovation and competitiveness. Accordingly, providing high quality patents is one of the…

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How does the USPTO handle terms of degree in patent claims?

The USPTO handles terms of degree in patent claims by evaluating whether the specification provides some standard for measuring that degree. According to MPEP 2173.02: “Terms of degree are not necessarily indefinite… If the specification does provide some standard for measuring that degree, a rejection is not warranted… For example, in Ex parte Oetiker, 23…

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What are the criteria for determining whether functional language in a claim is definite?

The criteria for determining whether functional language in a claim is definite include: Whether the claim scope is clear to a person of ordinary skill in the art Whether the specification provides a reasonable degree of clarity and particularity to inform skilled artisans of the claim scope Whether the claim language provides a clear-cut indication…

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