What is the difference between breadth and indefiniteness in patent claims?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

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.

Topics: MPEP 2100 - Patentability MPEP 2173.04 - Breadth Is Not Indefiniteness Patent Law Patent Procedure
Tags: Aia Practice