What is the “broadest reasonable interpretation” standard in claim indefiniteness?
What is the “broadest reasonable interpretation” standard in claim indefiniteness?
The “broadest reasonable interpretation” (BRI) standard is a crucial concept in determining claim indefiniteness. According to MPEP 2173.02:
“The USPTO employs the ‘broadest reasonable interpretation’ standard: The broadest reasonable interpretation of the claims must also be established prior to examining a claim for definiteness.”
This means that examiners must consider the broadest reasonable interpretation of a claim before assessing its definiteness. The BRI helps ensure that the claim language is clear and precise enough to inform those skilled in the art about the scope of the invention.
However, it’s important to note that the BRI must still be consistent with the specification and the interpretation that those skilled in the art would reach. If a claim remains unclear even under its broadest reasonable interpretation, it may be considered indefinite.
To learn more: