What 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…
Read MoreDoes lack of antecedent basis always make a claim indefinite?
No, lack of antecedent basis does not always render a claim indefinite. According to MPEP 2173.05(e): “Obviously, however, the failure to provide explicit antecedent basis for terms does not always render a claim indefinite. If the scope of a claim would be reasonably ascertainable by those skilled in the art, then the claim is not…
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