How does the USPTO determine what invention is sought to be patented?
How does the USPTO determine what invention is sought to be patented? According to MPEP 2103, the USPTO determines what invention is sought to be patented by carefully analyzing the disclosure and claims of the patent application. The MPEP states: “The claimed invention is defined by the words of the claims interpreted in light of…
Read MoreHow are claims interpreted when assigning applications for examination?
When assigning applications for examination, claims are generally interpreted as they are written, but with an important caveat. The MPEP states: “The claims and statement of invention are generally taken as they read; however, claims must be read in light of the disclosure (claimed disclosure).” This approach balances a literal reading of the claims with…
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