What is the importance of clear terminology in patent claims?
Clear terminology in patent claims is crucial for several reasons:
- It ensures that the meaning of every term used in a claim is apparent from the prior art or from the specification and drawings.
- It helps define the metes and bounds of the claimed invention.
- It allows for the broadest reasonable interpretation during patent examination.
As stated in the MPEP, Claim language may not be “ambiguous, vague, incoherent, opaque, or otherwise unclear in describing and defining the claimed invention.”
(MPEP 2173.05(a))
Applicants must make clear and precise the terms used to define the invention, even if they choose not to use terminology from the prior art.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(A) - New Terminology,
Patent Law,
Patent Procedure