Patent Prosecutor's Toolbox: The Better Half Of BRI

Broadest Reasonable Does not Mean Broadest Possible!

The USPTO applies a broadest reasonable claim interpretation (BRI) to patents and patent applications. The abbreviation "BRI" is often used to reference the full claim interpretation standard, which is the broadest reasonable interpretation in light of the specification, from the perspective of one skilled in the relevant art. (MPEP 2111)

Unfortunately, a complete BRI analysis is often mistaken by overemphasis of the "BRI" mantra. That is to say, the proper test is not simply a "broadest reasonable interpretation" of claims in a linguistic sense. Rather, a proper broadest reasonable interpretation of the claims is one that is consistent with the specification of the subject application/patent. While it is true that limitations from a patent specification may not be imported to the claims, the USPTO often times confuses this prohibition with the required contextual consideration of the specification.