What does the term "comprising" indicate in a patent claim?

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 "comprising" in a patent claim serves a specific function by indicating that the claim includes the listed elements but is not limited to them. In legal and patent language, this term provides flexibility, allowing for the inclusion of additional features or elements that are not explicitly mentioned in the claim. Thus, a claim that uses "comprising" suggests that other components or features can be added without departing from the scope of the claim. This characteristic is crucial for patentability as it can encompass a broader range of embodiments of the invention, thereby enhancing the protection afforded to the patent holder.

The use of "comprising" contrasts with more restrictive terms, such as "consisting of," which would imply that only the elements listed are included, and no additional components are permissible. By using "comprising," the claim can accommodate variations or improvements not yet known or considered at the time of filing, making it a strategic choice in patent drafting.

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