In the context of claims, what does "consisting" imply?

Prepare for the Manual of Patent Examining Procedure Exam. Study with quizzes and multiple-choice questions, with hints and explanations. Master the MPEP content and excel in your exam!

The term "consisting" in patent claims is a term of art that implies a closed or restrictive definition. When a claim uses "consisting" to define the components or elements of an invention, it means that the elements listed in the claim are exhaustive. This indicates that no other elements, features, or components beyond those specified are permitted for the claimed invention. This precise language is crucial in distinguishing the scope of the patent protection granted. By stating "consisting of," the claim firmly delineates the boundaries of what is covered, excluding any alternatives or additional features that may not be explicitly mentioned.

In contrast, other phrases such as "comprising" would allow for the inclusion of further elements, making the scope broader and more inclusive. Understanding this specific usage is fundamental for clear patent drafting and interpreting the legal boundaries of patent claims.

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