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…

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What is the standard for indefiniteness in patent claims?

The standard for indefiniteness in patent claims is based on the “reasonable certainty” test established by the Supreme Court. As stated in MPEP 2173.02: “A claim is indefinite when it contains words or phrases whose meaning is unclear. In re Packard, 751 F.3d 1307, 1314 (Fed. Cir. 2014). The test for definiteness under 35 U.S.C.…

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How does the MPEP address relative terms in patent claims?

The MPEP addresses relative terms in patent claims through specific form paragraphs, particularly form paragraph 7.34.03. This paragraph is used when a relative term or term of degree renders a claim indefinite. The form paragraph states: The term “[1]” in claim [2] is a relative term which renders the claim indefinite. The term “[1]” is…

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What is relative terminology in patent claims?

Relative terminology in patent claims refers to language that uses terms of degree or comparative expressions. According to the Manual of Patent Examining Procedure (MPEP) 2173.05(b), “The use of relative terminology in claim language, including terms of degree, does not automatically render the claim indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second…

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