Everyday business communication is hard enough. With all of the ­­subtleties and nuances of language, the message received by an individual may not match what was intended. But with patent claims, the need for definiteness is far greater. Convince the Patent Office to allow your patent claim with understandable meaning, and the resulting patent may (emphasis “may”) have value. If, however, the language of your patent claim is unclear, your patent may never issue (and even if it does, it may be very difficult to assert).

Consider the purchase of real estate property. There should be no question as to exactly what the purchaser is getting. The deed sets out with great precision where the property lines are located. The larger the area of the property, the greater the value of the property. And at any time, a surveyor can survey the property and identify its metes and bounds.

While there are considerable differences between real estate property and patent rights, there are strong analogies as well. When patent claims are broader (and cover more area), their value is greater. At the same time, patent claims provide important (and sometimes very significant) legal rights. The “lines” of the patent must be clear. Without knowing exactly what rights are being sought, the Patent Office will not issue a patent. If it does, the courts will be reluctant to enforce the patent.