What is the broadest reasonable interpretation (BRI) of claims with contingent limitations?
The broadest reasonable interpretation (BRI) of claims with contingent limitations varies depending on whether the claim is a method claim or a system claim. According to MPEP 2111.04:
For method claims: “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.”
For system claims: “The broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur.”
This means that when applying BRI:
- Method claims may have a narrower scope if contingent steps are not required.
- System claims maintain a broader scope, as the structure for all contingent functions must be present.
Patent attorneys and examiners should consider these differences when drafting and examining claims to ensure proper claim scope and patentability analysis.
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