What is the difference between claim breadth and indefiniteness?

It’s important to distinguish between claim breadth and indefiniteness in patent examination. The MPEP clarifies this distinction:

“Examiners, however, are cautioned against confusing claim breadth with claim indefiniteness. A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined.”

Key points to understand:

• A broad claim can be definite if its scope is clearly defined
• Indefiniteness occurs when the boundaries of the protected subject matter are not clearly delineated
• A genus claim covering multiple species is not indefinite solely because of its breadth
• Indefiniteness arises when it’s unclear which species are included in a genus claim

Examiners should focus on whether the claim boundaries are clear, not on the breadth of the subject matter covered by the claim.

To learn more:

• claim breadth
• indefiniteness
• patent claims
• claim scope
• 35 USC 112(b)