Open AccessHow Vague Can Your Patent Be? Vagueness Strategies in U.S. Patents
Author(s) -
Ismael Arinas
Publication year - 2017
Publication title -
hermes
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.759
H-Index - 7
eISSN - 1903-1785
pISSN - 0904-1699
DOI - 10.7146/hjlcb.v25i48.97426
Subject(s) - vagueness , scope (computer science) , intellectual property , law and economics , balance (ability) , property (philosophy) , indeterminacy (philosophy) , business , expansive , computer science , economics , epistemology , political science , law , psychology , artificial intelligence , philosophy , compressive strength , materials science , neuroscience , composite material , programming language , fuzzy logic
Patent claims define the protection scope of the intellectual property sought by the patent applicant or patentee. Broad claims are valuable as they can describe more expansive rights to the invention. Therefore, if these claims are too broad a potential infringer will more easily argue against them. But if the claims are too narrow the scope of protection of the intellectual property is greatly reduced. Patent claims have to be, on the one hand, determinate and precise enough and, on the other hand, as inclusive as possible. Therefore patent applicants must find a balance in the broadness of the scope defined by their claims. This balance can be achieved by the choice of words with a convenient degree of semantic indeterminacy, by the choice of modifiers or other strategies. In fact, vagueness in patent claims is a desirable characteristic for such documents. A quantitative and qualitative analysis of a corpus of 350 U.S. patents provides a promising starting point to understand the linguistic instruments used to achieve the balance between property claim scope and precision of property description. To conclude, some issues relating vagueness and pragmatics are suggested as a line of further research.