What are examples of permissible negative limitations in patent claims?
What are examples of permissible negative limitations in patent claims?
Permissible negative limitations in patent claims can include:
- Excluding an element or step that is not part of the invention
- Describing what the invention is not, to clarify its scope
- Distinguishing the invention from prior art
The MPEP 2173.05(i) states: “If alternative elements are positively recited in the specification, they may be explicitly excluded in the claims.” For example, if a specification describes both metal and plastic as possible materials, a claim could state “wherein the article is not made of metal.”
It’s important to note that the negative limitation must have basis in the original disclosure and not introduce new matter.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(I) - Negative Limitations,
Patent Law,
Patent Procedure