What is a ‘claimed invention’ in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The term ‘claimed invention’ is defined in 35 U.S.C. 100(j) as follows:
The term “claimed invention” means the subject matter defined by a claim in a patent or an application for a patent.
This definition emphasizes that the ‘claimed invention’ refers specifically to the subject matter that is described and defined in the claims of a patent or patent application. The claims are the legal definition of the invention for which patent protection is sought, and they determine the scope of the patent rights.