Can I use the claims language in my patent application abstract?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

It’s generally not recommended to use claims language or legal phraseology in your patent application abstract. The MPEP 608.01(b) explicitly states:

The abstract should avoid using phrases which can be implied, such as, ‘The disclosure concerns,’ ‘The disclosure defined by this invention,’ ‘The disclosure describes,’ etc. Also, legal phraseology often used in patent claims, such as ‘means’ and ‘said,’ should be avoided.

Instead of using claims language, focus on describing the invention in clear, concise terms that a general reader can understand. The abstract should be informative and provide a summary of the technical disclosure, not a legal definition of the invention’s scope.

Topics: Patent Law Patent Procedure