Originally published on Primary
Opinion
A well-written claim should not be ambiguous. At least,
that is one goal. Yet, language is full of imprecision, many
words have multiple dictionary definitions, and ofttimes lengthy
and complex grammatical constructions in patent claims give rise to
multiple possible interpretations. How can we reduce
ambiguity in claims?
Time-honored and valuable techniques are to read, proofread, and
reread each claim thoroughly, and have a reviewer do likewise.
A key test is to ask one's self, is the claim clear?
Could an Examiner, or an opponent in court, misinterpret or
twist meaning in some part of this claim? If so, is there a
way of rewriting that part of the claim so as to make it clearer?
Claim drafting is an iterative process, and this test should
be applied many times while writing, and again when reviewing each
claim.
