Can an applicant be their own lexicographer?
Yes, an applicant can act as their own lexicographer. The MPEP states, “An applicant is entitled to be their own lexicographer and may rebut the presumption that claim terms are to be given their ordinary and customary meaning by clearly setting forth a definition of the term that is different from its ordinary and customary…
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…
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