What are “open-ended” numerical ranges in patent claims?
What are “open-ended” numerical ranges in patent claims? “Open-ended” numerical ranges in patent claims refer to ranges that have only one defined boundary. The Manual of Patent Examining Procedure (MPEP) 2173.05(c) states: “Open-ended numerical ranges should be carefully analyzed for definiteness.” Examples of open-ended ranges include: “greater than 5” “at least 10” “below 100” These…
Read MoreHow are open-ended numerical ranges evaluated in patent claims?
Open-ended numerical ranges in patent claims require careful analysis for definiteness. The MPEP provides guidance on how these ranges are evaluated: Ambiguities can arise when an independent claim recites an open-ended range and a dependent claim sets forth specific amounts that appear to exclude the open-ended component. Claims that include theoretical content greater than 100%…
Read MoreHow are numerical ranges in patent claims evaluated for definiteness?
Generally, the recitation of specific numerical ranges in a claim does not raise an issue of whether a claim is definite. However, there are certain situations where numerical ranges can lead to indefiniteness: When a narrow range falls within a broader range in the same claim, it may render the claim indefinite if the boundaries…
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