If I say "the at least one" in the Claim, do I have to call it that in the Summary also?


In the independent claim I say "at least one X." From then on in the claim I say "the at least one X" as I think I'm supposed to do. Do I have to also call it "the at least one X" in the summary? Or can I just say "at least one X" in the summary like a normal person might say? I don't want to risk confusion?

Pro Se Hole

Posted 2020-01-18T02:34:28.723

Reputation: 41



I write a summary - if at all - like a normal person.

George White

Posted 2020-01-18T02:34:28.723

Reputation: 21 648

That's funny George. I want to also. I have read perhaps too many articles and patents where they almost recite the claims, just removing the special claim language. I'm glad to hear it can be normal. – Pro Se Hole – 2020-01-18T13:32:14.987

@ProSeHole As long as what you describe is clear and can be understood by the skill person, you are OK. Remember that the claims must be supported by/derivable from the description, so make sure you do not limit yourself in the description. In this case, for example you can refer to "X" and "the X", and state somewhere that in some embodiments there are multiple Xs and how the Xs are configured/used/located/etc in those embodiments if it is not apparent for the skilled person, otherwise you may run into problems if you need to claim embodiments with a plurality of X. – the Europeist – 2020-01-18T15:49:37.957

1Yes - like a normal person without conceding anything that is limiting. – George White – 2020-01-19T05:49:19.730

The singular and plural has been a major issue for me as a pro se first-timer. I'm not sure the best way to ask my question. I will try posting again because comments are more limited in length here. – Pro Se Hole – 2020-01-20T23:52:56.037