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:

  1. Subjective Requirement: The claims must set forth the subject matter that the inventor or a joint inventor regards as the invention.
  2. 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.

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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
Tags: 35 U.S.C. 112(B), Claim Definiteness, Claim Requirements, patent claims, patent examination