Is it acceptable to use ‘optionally’ in patent claims?
Yes, using the term ‘optionally’ in patent claims can be acceptable, but it requires careful consideration. The MPEP 2173.05(h) provides guidance on this: “In Ex parte Cordova, 10 USPQ2d 1949 (Bd. Pat. App. & Inter. 1989) the language ‘containing A, B, and optionally C’ was considered acceptable alternative language because there was no ambiguity as…
Read MoreWhat is the MPEP’s stance on using “optionally” in patent claims?
The MPEP discusses the use of “optionally” in patent claims in MPEP 2173.05(h). While not explicitly stating a stance, the MPEP provides guidance on how such terms are interpreted: “A claim which recites “at least one member” of a group is a proper claim and should be treated as a claim reciting in the alternative.…
Read More