What is the statutory requirement for claims in a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 statutory requirement for claims in a patent application is outlined in 35 U.S.C. 112. According to MPEP 608.01(k), this statute “requires that the specification shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his orher invention.”

This means that the claims must clearly and precisely define the invention for which protection is sought. The claims are a crucial part of the patent application as they determine the scope of legal protection granted by the patent.

Topics: Patent Law Patent Procedure
Tags: statutory requirements