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What standard does the patent office use when interpreting claims?

What standard does the patent office use when interpreting claims?

broadest reasonable meaning
Examiners at the USPTO give the words in claims their “broadest reasonable meaning” “consistent with the specification,” “as they would be understood by a person of ordinary skill in the art.” The Federal Circuit applies a different standard of review to USPTO claim constructions.

What does plurality mean in a patent?

I understand the term plurality to mean many or multiple within patent law. Patent No. 9,598,822 uses the following sentence. “The system according to claim 1, wherein the one or more drone vehicles includes a plurality of the drone vehicles”

What is a reasonable interpretation?

Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention.

What is a patent claim limitation?

Patent claims are made up of limitations, which are selected elements or steps implementing an invention. The set of limitations comprising a patent claim is not complete, but instead is the subset necessary to differentiate the claim from prior art, while still trying to leave a wide scope of infringement.

Does plurality mean one?

“Plurality” definitely means at least two. If you want to “capture” one or more, you can claim “at least one” in your independent claim, and then in a dependent claim, you can claim “wherein said at least one” comprises a “plurality”.

Does plurality include 1?

a number greater than one. fact of being numerous. a large number; multitude. state or fact of being plural.

What does plurality mean in law?

plurality opinion
A plurality opinion is in certain legal systems the opinion from one or more judges or justices of an appellate court which provides the rationale for the disposition of an appeal when no single opinion received the support of a majority of the court.

When is a claim given its broadest reasonable interpretation?

During patent examination, the pending claims must be “given their broadest reasonable interpretation consistent with the specification.” The Federal Circuit’s en banc decision in Phillips v.

What was the USPTO’s broadest reasonable interpretation in re Morris?

In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1028 (Fed. Cir. 1997) (the USPTO looks to the ordinary use of the claim terms taking into account definitions or other “enlightenment” contained in the written description); But c.f.

Where does MPEP 2173.02 discuss claim interpretation?

See MPEP § 2173.02 for further discussion of claim interpretation in the context of analyzing claims for compliance with 35 U.S.C. 112 (b) or pre-AIA 35 U.S.C. 112, second paragraph.