What does the transitional phrase “comprising” mean in a patent claim?
The transitional phrase “comprising” in a patent claim is inclusive and open-ended. According to the MPEP, The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps.
This means that a claim using “comprising” allows for the inclusion of additional elements or steps beyond those explicitly stated in the claim. For example, a claim for a device “comprising A, B, and C” would cover devices that include A, B, and C, as well as devices that include A, B, C, and additional elements.
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Topics:
MPEP 2100 - Patentability,
MPEP 2111.03 - Transitional Phrases,
Patent Law,
Patent Procedure