Can 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 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…
Read MoreWhat guidance does the MPEP provide on defining new terms in patent applications?
The MPEP provides specific guidance on defining new terms in patent applications in section 2173.05(a). The key points are: Clarity is essential: The meaning of every term used in a claim should be apparent from the prior art or from the specification and drawings at the time the application is filed. Consistent usage: The specification…
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