How should examples or preferences be properly described in a patent application?

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.

According to the MPEP 2173.05(d), examples or preferences should be described in the specification rather than in the claims. The MPEP states:

“Description of examples or preferences is properly set forth in the specification rather than the claims.”

This approach helps maintain clarity in the claims and avoids potential confusion over the intended scope. By including examples and preferences in the specification, inventors can provide context and additional information without risking the definiteness of their claims. This practice also allows for a more comprehensive description of the invention while keeping the claims focused on the essential elements of the invention.