How does an examiner determine the scope of claims in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Determining the scope of claims is a crucial step in patent examination. According to MPEP 2103 , examiners follow these guidelines: Broadest Reasonable Interpretation (BRI) : Claims are given their broadest reasonable interpretation consistent with the specification. Plain Meaning : Terms are interpreted based on their ordinary and customary meaning unless otherwise defined in the specification. Consideration of Specification : The specification is reviewed to understand the context and any special definitions. The MPEP emphasizes: “ It is essential that the broadest reasonable interpretation (BRI) of the claim be established prior to examining the claim for compliance with 35 U.S.C. 101, 102, 103, and 112. “ This approach ensures a thorough examination and helps identify potential issues with claim scope and patentability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Invention Eligibility Requirements Under 35 U.S.C. 101 MPEP 2103 Required Claims Must Be Interpreted Broadly Consistent With Disclosure MPEP 2103 Four Eligibility Requirements for Patent Examination MPEP 2103 Determining Claim Scope Limitations MPEP 2103 Claim Scope Must Be Determined Before Patentability Review MPEP 2103 Required Claim Scope Defined by Limiting Terms MPEP 2103 Required Initial Review Must Address All Statutory Requirements MPEP 2103 Examiners Must Determine Exact Invention and Claim Scope MPEP 2103 Required Enablement Requirement for Patent Claims MPEP 2103 Claims Must Be Considered as a Whole MPEP 2103 Required Other Related FAQs 5 FAQs Collapse What are the key requirements under 35 U.S.C. 112 in patent examination? What is the purpose of compact prosecution in patent examin...