What are contingent limitations in patent claims and how are they interpreted?
Contingent limitations in patent claims are conditions that may or may not occur, affecting the interpretation of the claim. The MPEP 2111.04 provides guidance on interpreting these limitations: “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that…
Read MoreHow does the interpretation of contingent limitations differ between method and system claims?
The interpretation of contingent limitations differs significantly between method and system claims. According to MPEP 2111.04, based on the Ex parte Schulhauser decision: For method claims: “If the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to…
Read MoreWhat is the broadest reasonable interpretation (BRI) of claims with contingent limitations?
The broadest reasonable interpretation (BRI) of claims with contingent limitations varies depending on whether the claim is a method claim or a system claim. According to MPEP 2111.04: For method claims: “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not…
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