What is the role of the specification in determining claim indefiniteness?
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 specification plays a crucial role in determining claim indefiniteness. The MPEP emphasizes the importance of considering the specification:
“Definiteness of claim language must be analyzed, not in a vacuum, but in light of: (A) The content of the particular application disclosure; (B) The teachings of the prior art; and (C) The claim interpretation that would be given by one possessing the ordinary level of skill in the pertinent art at the time the invention was made.”
Key points regarding the role of the specification include:
- It provides context for interpreting claim language
- Helps determine how a person of ordinary skill in the art would understand the claims
- May provide definitions or explanations for terms used in the claims
- Can clarify the meaning of functional language or terms of degree
Examiners must consider the entire disclosure to determine if the claims, read in light of the specification, reasonably apprise those skilled in the art of the invention’s scope.