Can applicants provide their own definitions for claim terms?

Yes, applicants can provide their own definitions for claim terms, which is often referred to as “acting as their own lexicographer.” This practice is recognized in MPEP 2111, which states:

“The meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification)…”

Key points about applicant-provided definitions:

• Definitions must be clearly set forth in the specification.
• These special definitions will take precedence over the ordinary and customary meaning of the term.
• The definition must be sufficiently clear to put the public on notice of the meaning.
• Once a special definition is provided, it must be used consistently throughout the application.

Providing specific definitions can help applicants clarify the scope of their claims and potentially avoid misinterpretations. However, it’s important to draft these definitions carefully, as they will be binding during examination and potential future litigation.

To learn more:

• claim terms
• definitions
• lexicographer
• patent application
• specification