How does the USPTO view claims that refer to figures or tables?

The United States Patent and Trademark Office (USPTO) generally discourages claims that refer to figures or tables. According to MPEP 2173.05(s): “Where possible, claims are to be complete in themselves. Incorporation by reference to a specific figure or table ‘is permitted only in exceptional circumstances where there is no practical way to define the invention…

Read More

Can trademarks or trade names be used in patent claims?

While trademarks or trade names can appear in patent claims, their use to identify or describe a particular material or product generally renders the claim indefinite under 35 U.S.C. 112(b). According to MPEP 2173.05(u): “If the trademark or trade name is used in a claim as a limitation to identify or describe a particular material…

Read More

What is a single means claim and why is it problematic?

A single means claim is a claim that recites a means-plus-function limitation as the only limitation of the claim. These claims are problematic because they cover every conceivable means for achieving the stated result. The MPEP explains: “The long-recognized problem with a single means claim is that it covers every conceivable means for achieving the…

Read More

What are examples of permissible negative limitations in patent claims?

What are examples of permissible negative limitations in patent claims? Permissible negative limitations in patent claims can include: Excluding an element or step that is not part of the invention Describing what the invention is not, to clarify its scope Distinguishing the invention from prior art The MPEP 2173.05(i) states: “If alternative elements are positively…

Read More

What are negative limitations in patent claims?

Negative limitations in patent claims are statements that describe what the invention is not, rather than what it is. According to MPEP 2173.05(i), “The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth…

Read More

Are negative limitations allowed in patent claims?

Yes, negative limitations are allowed in patent claims. The Manual of Patent Examining Procedure (MPEP) 2173.05(i) states: “The current view of the courts is that there is nothing inherently ambiguous or uncertain about a negative limitation. So long as the boundaries of the patent protection sought are set forth definitely, albeit negatively, the claim complies…

Read More