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ARTICLE · 15 OCTOBER 2015

Structure And Connectivity In Patent Claims

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements.

United StatesIntellectual Property

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements.  Occasionally, claims are rejected during examination as indefinite, with the Examiner pointing out that it is not clear how the claim elements are interrelated and interconnected and/or that there is insufficient structure in the claim.  What sorts of claim amendments or arguments should be considered?

It may be a first instinct to add physical structure to the claims, such as fasteners or joiners for a mechanical invention or wires, busses or connectors for electronic invention, etc.  But, it may be equally valid to add functional connectivity and relationships among claim elements, without limiting to specific physical features.  Choice of which to pursue should be carefully considered, so that claims are not unduly or inadvertently narrowed in areas where they don't need to be.

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