Can new terms be used in patent claims?
Yes, new terms can be used in patent claims. In fact, the MPEP recognizes that it’s often desirable to use new terms to describe and define new inventions more precisely. As stated in MPEP 2173.05(a):
“Courts have recognized that it is not only permissible, but often desirable, to use new terms that are frequently more precise in describing and defining the new invention.”
However, when using new terms:
- The meaning should be clear from the specification and drawings.
- The terms should reasonably apprise those skilled in the art of the invention’s utilization and scope.
- The language should be as precise as the subject matter permits.
It’s important to note that while new terms are acceptable, they must still meet the requirements for clarity and precision as outlined in 35 U.S.C. 112(b).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(A) - New Terminology,
Patent Law,
Patent Procedure