Can an inventor define terms differently from their ordinary meaning?
Yes, an inventor can define terms differently from their ordinary meaning. This concept is known as “lexicography” in patent law. The MPEP explicitly states in MPEP 2173.05(a): “Consistent with the well-established axiom in patent law that a patentee or applicant is free to be his or her own lexicographer, a patentee or applicant may use…
Read MoreCan applicants be their own lexicographers in patent claims?
Yes, applicants can be their own lexicographers in patent claims. According to MPEP 2173.01: “A fundamental principle contained in 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph is that applicants are their own lexicographers. They can define in the claims what the inventor or a joint inventor regards as the invention essentially in…
Read MoreCan applicants provide their own definitions for claim terms?
Yes, applicants can provide their own definitions for claim terms, which is often referred to as “acting as their own lexicographer.” This practice is recognized in MPEP 2111, which states: “The meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given…
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