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.

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Topics: MPEP 2100 - Patentability, MPEP 2173.04 - Breadth Is Not Indefiniteness, Patent Law, Patent Procedure
Tags: Claim Breadth, Claim Scope, indefiniteness, patent claims, patent examination