How does the MPEP address “or the like” phrases in patent claims?
The MPEP addresses the use of “or the like” phrases in patent claims in MPEP 2173.05(h). The section cautions against using such phrases as they can lead to indefiniteness:
“Use of the phrase “or the like” or “or similar meaning” renders a claim indefinite if the metes and bounds of the claim are not clear.”
This guidance suggests that phrases like “or the like” can introduce ambiguity into a claim, making it difficult to determine the exact scope of protection sought. To maintain claim clarity and avoid rejections under 35 U.S.C. 112(b), patent applicants should use specific, well-defined terms rather than open-ended phrases that could be subject to varying interpretations.
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Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(H) - Alternative Limitations,
Patent Law,
Patent Procedure