Broadest reasonable interpretation

Definition

A standard the USPTO uses during examination to interpret claim language. Examiners give claim terms the broadest meaning a person skilled in the art would reasonably understand from the specification — not the narrowest. This is intentional: if a claim is too broad it should fail during examination, not slip through and later cause harm. Applicants can argue against an overly broad interpretation by pointing to the specification or adding clarifying language.

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Related terms

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Claim

The numbered sentences at the end of a patent that define exactly what is legally protected. Claims are the only part of a patent that determine infringement — if a product or process doesn't fall within the scope of at least one claim, there is no infringement. Every other part of a patent (abstract, drawings, specification) exists to support and illuminate the claims.

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Specification

The written description portion of a patent application — everything except the claims. The specification must describe the invention in enough detail that someone skilled in the field could make and use it. It typically includes background of the invention, a summary, a description of the drawings, and a detailed description of at least one embodiment. Courts use the specification to interpret what claim terms mean.

Best mode

A requirement that, at filing, the inventor disclose the best way they knew to carry out the invention. Since the America Invents Act, failing to disclose the best mode can no longer be used to invalidate a patent in litigation, but it remains a filing requirement at the USPTO.

Basis for rejection

The specific legal grounds a patent examiner cites when refusing to allow a claim. Common bases include lack of novelty (35 USC § 102), obviousness (35 USC § 103), failure to fully describe the invention (35 USC § 112), and unpatentable subject matter (35 USC § 101). An office action will state the basis for each rejection, and applicants must address each one in their response.

Backward citation

An earlier patent or publication that a given patent cites as part of its prior-art foundation — listed on the patent's front page as "references cited." Backward citations show what an invention built upon: a drone patent might cite earlier flight-control patents. Some references come from the applicant, others are added by the examiner during the prior-art search. The opposite of a forward citation.

Abstract

A brief summary (300 words or fewer) that appears at the top of every patent. The abstract describes what the invention does in general terms. Legally, it has almost no weight — courts use the claims to determine what a patent covers, not the abstract. The abstract is useful mainly for quickly scanning patents during a prior art search.

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