How does changing numeric range limits affect patent claim scope?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Changing numeric range limits can significantly affect patent claim scope. The MPEP 2163.05 provides guidance on this:

“A claim that omits an element which applicant describes as an essential or critical feature of the invention originally disclosed does not comply with the written description requirement.”

This principle applies to numeric ranges as well. Modifying range limits can either broaden or narrow the claim scope. For example:

  • Expanding a range (e.g., from 5-25% to 1-30%) generally broadens the claim scope.
  • Narrowing a range (e.g., from 5-25% to 10-20%) typically narrows the claim scope.

In both cases, the new range must be supported by the original disclosure to comply with the written description requirement.

Topics: MPEP 2100 - Patentability MPEP 2163.05 - Changes To The Scope Of Claims Patent Law Patent Procedure
Tags: Aia Practice, Composition Claims, method claims, original patent requirement, Specification