How does MPEP 2172 address the concept of “regarded as invention” in patent claims?
How does MPEP 2172 address the concept of “regarded as invention” in patent claims? MPEP 2172 addresses the concept of “regarded as invention” in patent claims by emphasizing the importance of the claims reflecting what the inventor considers to be their invention. The section states: “The subject matter which the inventor or a joint inventor…
Read MoreHow does the USPTO define “invention” for claim analysis?
The USPTO defines “invention” for claim analysis as follows: “The invention” is defined by the claims. The invention set forth in the claims must be presumed to be that which the applicant regards as his or her invention. This definition is found in MPEP 904.01. It emphasizes that the claims themselves define the invention, and…
Read MoreHow is the term ‘invention’ defined in patent law?
The term ‘invention’ is defined in 35 U.S.C. 100(a) as follows: The term “invention” means invention or discovery. This definition is broad and encompasses both new creations and discoveries of previously unknown phenomena or properties. It’s important to note that while the term includes discoveries, not all discoveries are patentable. The invention must still meet…
Read MoreWhat does it mean to ‘particularly point out and distinctly claim’ an invention?
The phrase ‘particularly point out and distinctly claim’ comes from 35 U.S.C. 112 and is referenced in MPEP 608.01(k). It means that the claims in a patent application must: Clearly define the invention’s elements and features Be specific enough to distinguish the invention from prior art Be understandable to a person skilled in the relevant…
Read More