What are “terms of degree” in patent claims according to MPEP?
What are “terms of degree” in patent claims according to MPEP? According to MPEP 2173.05(b), “terms of degree” are a type of relative terminology used in patent claims. These terms attempt to describe a value or characteristic by reference to a degree. The MPEP states: “Terms of degree are not necessarily indefinite. […] If the…
Read MoreHow does the MPEP address “subjective terms” in patent claims?
How does the MPEP address “subjective terms” in patent claims? The MPEP 2173.05(b) addresses the use of subjective terms in patent claims. Subjective terms are relative terms that depend on the subjective opinion of a person. The MPEP states: “When a subjective term is used in the claim, the examiner should determine whether the specification…
Read MoreWhat is relative terminology in patent claims?
Relative terminology in patent claims refers to language that uses terms of degree or comparative expressions. According to the Manual of Patent Examining Procedure (MPEP) 2173.05(b), “The use of relative terminology in claim language, including terms of degree, does not automatically render the claim indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second…
Read MoreHow does MPEP address “reference to an object” in patent claims?
How does MPEP address “reference to an object” in patent claims? The MPEP 2173.05(b) addresses the use of “reference to an object” in patent claims as a form of relative terminology. This occurs when a claim term is defined by reference to an object that is variable. The MPEP states: “To determine whether a claim…
Read MoreHow can an applicant overcome an indefiniteness rejection based on relative terminology?
An applicant can overcome an indefiniteness rejection based on relative terminology in several ways. According to MPEP 2173.05(b), “During prosecution, an applicant may overcome an indefiniteness rejection by providing evidence that the meaning of the term of degree can be ascertained by one of ordinary skill in the art when reading the disclosure.” This can…
Read MoreHow does the MPEP address the use of relative terminology in patent claims?
The MPEP addresses the use of relative terminology in patent claims in section 2173.05(b). While this is not directly part of the ‘New Terminology’ section, it’s closely related and important for claim drafting. The key points are: Acceptability of relative terms: The MPEP states, “The use of relative terminology in claim language, including terms of…
Read MoreWhat is the “approximation” term in patent claims?
What is the “approximation” term in patent claims? The term “approximation” in patent claims is a type of relative terminology that can be used to describe a range or value. According to MPEP 2173.05(b), “approximation” terms are acceptable in patent claims when the degree of precision appropriate for the subject matter is known to one…
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