What is relative terminology in patent claims?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. Relative terminology in patent claims refers to language that uses terms of degree or comparative expressions. According to the Manual of Patent Examining Procedure (MPEP) 2173.05(b) , “The use of relative terminology in claim language, including terms of degree, does not automatically render the claim indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.” The acceptability of such language depends on whether a person of ordinary skill in the art would understand what is claimed, in light of the specification. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Language Must Be Clear to One of Ordinary Skill in the Art MPEP 2173.05(b) Relative Terminology Does Not Automatically Render Claim Indefinite MPEP 2173.05(b) Claim Language Acceptability Not Dependent on Degree Terms MPEP 2173.05(b) Claim Language Acceptability Depends on Intrinsic Record MPEP 2173.05(b) Terms of Degree Not Necessarily Indefinite MPEP 2173.05(b) Claim Must Be Definite Under Section 112(b) MPEP 2173 Requirement for Clear Claim Language MPEP 2173 Permitted Claim Terms of Degree Must Be Definite MPEP 2173.05(b) Claim Language Using Degrees Must Be Defined MPEP 2173.05(b) Specification Must Provide Standard for Terms of Degree MPEP 2173.05(b) Required Other Related FAQs 5 FAQs Collapse What is the &#8220;approximation&#8221; term in patent claims? How are subjective terms in patent claims evaluated? How are terms of degree evaluated in patent claims? What is the impact of using the word &#8220;type&#8221; in patent claims? What makes a claim indefinite when using relative terms?