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…
Read MoreCan new terms be used in patent claims?
Yes, new terms can be used in patent claims. In fact, the MPEP recognizes that it’s often desirable to use new terms to describe and define new inventions more precisely. As stated in MPEP 2173.05(a): “Courts have recognized that it is not only permissible, but often desirable, to use new terms that are frequently more…
Read MoreWhat is the purpose of the extended availability requirement for biological deposits?
The purpose of the extended availability requirement for biological deposits is to ensure public access to the deposited material after the patent expires. The MPEP explains: The purpose of the requirement is to ensure that a deposited biological material necessary for the practice of a patented invention would be available to the public after expiration…
Read MoreWhat is the public benefit of the patent disclosure requirements?
The patent disclosure requirements provide several benefits to the public: Access to Information: Upon grant of a patent, the information contained in it becomes part of the public knowledge base. As stated in the MPEP: “Upon the grant of a patent in the U.S., information contained in the patent becomes a part of the information…
Read MoreHow does the use of new terminology affect the comparison with prior art?
The use of new terminology in patent claims can make it challenging to compare the claimed invention with prior art. The MPEP acknowledges this difficulty in MPEP 2173.05(a): “Although it is difficult to compare the claimed invention with the prior art when new terms are used that do not appear in the prior art, this…
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