How do examiners determine if claim language is indefinite?
How do examiners determine if claim language is indefinite?
Examiners assess claim language for indefiniteness based on the guidance provided in MPEP 2173.01. The key principle is stated as follows:
“A claim is indefinite when it contains words or phrases whose meaning is unclear.“
To determine if claim language is indefinite, examiners consider:
- Whether the claim language can be interpreted by one of ordinary skill in the art with reasonable certainty
- If the specification provides clear definitions or explanations for potentially unclear terms
- Whether the claim language is consistent with the ordinary and customary meaning of terms in the art
The MPEP further advises: “The examiner’s focus during examination of claims for compliance with the requirement for definiteness of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, is whether the claim meets the threshold requirements of clarity and precision set forth in the statute, not whether more suitable language or modes of expression are available.” This means that examiners should focus on whether the claim language meets the legal standard for definiteness, rather than suggesting alternative phrasing.
To learn more: