Who is responsible for pointing out and distinctly claiming the invention in a patent application?

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.

According to MPEP 608.01(k), the responsibility for pointing out and distinctly claiming the invention lies with “the inventor or joint inventor.” The section states that the specification “shall particularly point out and distinctly claim the subject matter which the inventor or joint inventor regards as his or her invention.”

While patent attorneys or agents often assist in drafting claims, it is ultimately the inventor’s responsibility to ensure that the claims accurately reflect their invention. The inventor should work closely with their legal representative to ensure that the claims:

• Accurately describe the invention
• Cover all aspects of the invention they wish to protect
• Meet the statutory requirements for clarity and distinctness