What is the difference between breadth and indefiniteness in patent claims?
Breadth and indefiniteness are distinct concepts in patent claims. As stated in MPEP 2173.04, “Breadth of a claim is not to be equated with indefiniteness.” The section further explains:
“A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined. But a claim is indefinite when the boundaries of the protected subject matter are not clearly delineated and the scope is unclear.“
In other words, a claim can be broad but still definite if its boundaries are clear. Indefiniteness occurs when the scope of the claim is unclear, regardless of its breadth.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.04 - Breadth Is Not Indefiniteness,
Patent Law,
Patent Procedure