What are the limits of the broadest reasonable interpretation standard?
While the broadest reasonable interpretation (BRI) standard allows for a wide interpretation of claim terms, it is not without limits. The MPEP 2111 clarifies these limits:
“The broadest reasonable interpretation does not mean the broadest possible interpretation. Rather, the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings.”
Key points to consider:
- The interpretation must be reasonable and not extend beyond what is justified by the specification.
- It must align with how a person of ordinary skill in the art would understand the term.
- Special definitions provided in the specification must be respected.
- The interpretation must be consistent with the use of the term throughout the patent application.
These limits ensure that while claims are given their broadest reasonable interpretation, the interpretation remains grounded in the context of the invention and the understanding of those skilled in the relevant field.
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