What is the secondary purpose of the definiteness requirement in patent claims?
The secondary purpose of the definiteness requirement in patent claims is related to assessing the inventor’s conception of the invention and meeting patentability criteria. The MPEP states:
“A secondary purpose is to provide a clear measure of what the inventor or a joint inventor regards as the invention so that it can be determined whether the claimed invention meets all the criteria for patentability and whether the specification meets the criteria of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph with respect to the claimed invention.“
This secondary purpose ensures that the claims accurately reflect the inventor’s concept of the invention, allowing for proper evaluation of patentability criteria and the sufficiency of the specification in supporting the claimed invention.
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