What should patent applicants do if they introduce new terminology in claims?
When patent applicants introduce new terminology in claims, they should amend the specification to provide proper support and antecedent basis for the new terms. MPEP 608.01(o) advises:
While an applicant is not limited to the nomenclature used in the application as filed, he or she should make appropriate amendment of the specification whenever this nomenclature is departed from by amendment of the claims so as to have clear support or antecedent basis in the specification for the new terms appearing in the claims.
This practice ensures that the meaning of new terms can be ascertained by referring to the description, maintaining clarity and consistency throughout the application.
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Topics:
Patent Law,
Patent Procedure