What does it mean to ‘particularly point out and distinctly claim’ an invention?
The phrase ‘particularly point out and distinctly claim’ comes from 35 U.S.C. 112 and is referenced in MPEP 608.01(k). It means that the claims in a patent application must:
- Clearly define the invention’s elements and features
- Be specific enough to distinguish the invention from prior art
- Be understandable to a person skilled in the relevant field
- Provide a clear boundary for the scope of protection
This requirement ensures that the public and potential competitors can understand the limits of the patent’s protection. It also helps patent examiners assess the novelty and non-obviousness of the claimed invention.
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Topics:
Patent Law,
Patent Procedure