When is a broad claim considered indefinite?

A broad claim is considered indefinite when it lacks clarity in defining its scope. The MPEP 2173.04 states:

“A broad claim is not indefinite merely because it encompasses a wide scope of subject matter provided the scope is clearly defined. But a claim is indefinite when the boundaries of the protected subject matter are not clearly delineated and the scope is unclear.“

This means that breadth itself doesn’t make a claim indefinite. Rather, indefiniteness occurs when:

• The boundaries of the protected subject matter are not clearly defined
• There is ambiguity in the claim language leading to multiple reasonable interpretations
• The scope of the claim cannot be determined with reasonable certainty

In essence, a broad claim becomes indefinite when its language fails to provide clear guidance on what is and isn’t covered by the claim.

To learn more:

• broad claims
• indefiniteness
• claim scope
• claim boundaries
• patent examination