【Patent】The Meaning of "Incorrect Definition of the Technical Features of the Invention" 2024/11/27

Source: https://www.tipo.gov.tw/tw/cp-85-985669-eacb6-1.html

The current Patent Examination Guidelines, Chapter 2, Section 1, Article 2.4.1.3.1, titled "Incorrect Definition of the Technical Features of the Invention," lists two scenarios of ambiguity: (1) "For example, in a composition defined by a closed-ended term, the sum of the upper limit of one component and the lower limit of other components exceeds 100%," and (2) "For example, in a composition defined by a closed-ended term, the sum of the lower limit of one component and the upper limit of other components is less than 100%." The term "defined by a closed-ended term" refers to the use of a closed-ended connecting word such as "composed of..." in the examples, and this section begins with "For example..." to clarify that these are merely illustrative examples. Therefore, the intention is not to imply that a composition defined by an open-ended term does not require judgment on whether the component percentages are unclear.

Regarding the principle for determining the clarity of the component percentage in compositions defined by open-ended terms:

(a) Whether a composition is defined by an "open-ended" or "closed-ended" term, if the sum of the upper limit of one component and the lower limit of other components exceeds 100%, it is unreasonable and leads to an unclear claim.

(b) If a composition is defined by an "open-ended" term and the sum of the lower limit of one component and the upper limit of other components is less than 100%, it indicates that the composition may still include other unlisted components, allowing the total sum to reach 100%, without leading to an unclear claim.