What are “terms of degree” in patent claims according to MPEP?
What are “terms of degree” in patent claims according to MPEP?
According to MPEP 2173.05(b), “terms of degree” are a type of relative terminology used in patent claims. These terms attempt to describe a value or characteristic by reference to a degree. The MPEP states:
“Terms of degree are not necessarily indefinite. […] If the specification does not provide some standard for measuring that degree, a determination must be made as to whether one of ordinary skill in the art could nevertheless ascertain the scope of the claim (e.g., a standard that is recognized in the art for measuring the meaning of the term of degree).”
Examples of terms of degree include “substantially,” “about,” “approximately,” and “essentially.” To avoid indefiniteness, the specification should provide a standard for measuring the degree or it should be clear that a person of ordinary skill in the art would understand the scope of the term.
To learn more: