How should patent examiners approach broad and narrow claim interpretations?
The MPEP 904.01 provides guidance on how patent examiners should approach broad and narrow claim interpretations:
“The examiner should analyze the claims, giving them their broadest reasonable interpretation consistent with the specification.”
Key considerations include:
- Applying the broadest reasonable interpretation (BRI) standard
- Ensuring the interpretation is consistent with the specification
- Considering both broad and narrow interpretations when searching for prior art
- Focusing on novel features or combinations that distinguish the invention
This approach helps examiners conduct comprehensive prior art searches and assess patentability effectively.
To learn more: