What is the “omission of a limitation” in patent claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Omission of Limitation Raises Written Description Issue MPEP 2163.05 Permitted Omission of Limitation Raises Possession Issue MPEP 2163 Permitted Claims Must Be Supported by As-Filed Disclosure MPEP 2163.05 Omission of Essential Limitation Invalidates Claim MPEP 2163 New Claims Must Be Supported by Specification MPEP 2163 Required Omission of Critical Features Invalidates Written Description MPEP 2163 Claims Must Be Supported by Description of Invention MPEP 2163 Claims Must Be Supported by Original Disclosure MPEP 2163.05 Claim Limitations Must Be Supported by Original Disclosure MPEP 2163.05 Required Claims Must Be Supported by Description MPEP 2163.05 Other Related FAQs 5 FAQs Collapse How does adding a specific limitation to a claim affect its scope? How does changing numeric range limits affect patent claim scope? How can a genus claim satisfy the written description requirement? What is the significance of the genus-species relationship in patent claims? What is the significance of the &#8220;In re Wertheim&#8221; case in patent claim amendments?