What is the “omission of a limitation” in patent claims?
The “omission of a limitation” in patent claims refers to the removal of a previously claimed element or feature. The MPEP 2163.05 states:
“An amendment to a claim may broaden the claim by omitting a limitation; however, the omission of a limitation is not new matter if the broad claim is fully supported by the specification.”
This means that removing a limitation can potentially broaden the claim’s scope. However, it’s crucial that the broader claim resulting from the omission is still supported by the original specification to avoid issues with new matter.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.05 - Changes To The Scope Of Claims,
Patent Law,
Patent Procedure