How does the USPTO determine what invention is sought to be patented?
How does the USPTO determine what invention is sought to be patented?
According to MPEP 2103, the USPTO determines what invention is sought to be patented by carefully analyzing the disclosure and claims of the patent application. The MPEP states:
“The claimed invention is defined by the words of the claims interpreted in light of the specification.“
This process involves:
- Reading the entire disclosure to understand the invention
- Analyzing the claims, giving them their broadest reasonable interpretation
- Identifying any special definitions provided in the specification
- Considering the preamble’s effect on claim scope
Examiners must ensure that they understand the full scope of the claimed invention before proceeding with the examination.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2103 - Patent Examination Process,
Patent Law,
Patent Procedure