What are the two requirements for claims under 35 U.S.C. 112(b)?
According to MPEP 2171, there are two separate requirements set forth in 35 U.S.C. 112(b) and pre-AIA 35 U.S.C. 112, second paragraph:
- Subjective Requirement: The claims must set forth the subject matter that the inventor or a joint inventor regards as the invention.
- Objective Requirement: The claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant.
The MPEP states: Two separate requirements are set forth in 35 U.S.C. 112(b) and pre-AIA 35 U.S.C. 112, second paragraph, namely that: (A) the claims must set forth the subject matter that the inventor or a joint inventor regards as the invention; and (B) the claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2171 - Two Separate Requirements For Claims Under 35 U.S.C. 112 (B) Or Pre - Aia 35 U.S.C. 112,
Patent Law,
Patent Procedure,
Second Paragraph