Legal Definitions - arrangement in order of breadth

In the context of patent law, arrangement in order of breadth refers to the specific way claims are structured within a patent application. This organizational principle dictates that the initial claim presents the broadest, most general scope of the invention, while subsequent claims progressively narrow that scope by adding more specific details, features, or limitations. This structure helps define the full range of protection sought for an invention, from its most fundamental concept to its most specific embodiments.

• Example 1: A Novel Fastening System

  Imagine an inventor develops a new type of reusable fastener. The patent application might include:

  • Claim 1 (Broadest): "A reusable fastening device comprising a head, a shaft, and a locking mechanism." This claim covers the fundamental components of the invention in its most general form.
  • Claim 2 (Narrower): "The reusable fastening device of claim 1, wherein the locking mechanism engages through a series of interlocking teeth." This claim adds a specific detail about how the locking mechanism operates.
  • Claim 3 (Even Narrower): "The reusable fastening device of claim 2, wherein the interlocking teeth are formed from a high-strength polymer and are configured for tool-free engagement and disengagement." This claim further refines the invention by specifying material and operational characteristics.

  This progression illustrates the arrangement in order of breadth because it starts with a very general description of the fastener and then adds increasingly specific features, materials, and methods of operation in subsequent claims.

• Example 2: A New Data Processing Method

  Consider a software engineer who invents a novel algorithm for optimizing data retrieval from a database:

  • Claim 1 (Broadest): "A method for optimizing data retrieval, comprising receiving a user query and processing said query using a predictive model to prioritize data sources." This claim broadly covers the core functionality of the method.
  • Claim 2 (Narrower): "The method of claim 1, wherein the predictive model is trained using machine learning techniques based on historical user interaction data." This claim introduces a specific technology (machine learning) and data type for the predictive model.
  • Claim 3 (Even Narrower): "The method of claim 2, further comprising dynamically updating the predictive model in real-time based on the success rate of retrieved data for subsequent queries." This claim adds a specific, dynamic feature to the machine learning model's operation.

  Here, the claims move from the general concept of optimizing data retrieval to specific implementations involving machine learning and real-time updates, demonstrating the principle of arrangement in order of breadth.

• Example 3: An Innovative Medical Device

  A medical researcher invents a new surgical tool for minimally invasive procedures:

  • Claim 1 (Broadest): "A surgical instrument for manipulating tissue within a body cavity." This claim broadly defines the purpose and general context of the device.
  • Claim 2 (Narrower): "The surgical instrument of claim 1, comprising an elongated shaft, a handle, and an articulating tip controllable by the handle." This claim specifies the main components of the instrument.
  • Claim 3 (Even Narrower): "The surgical instrument of claim 2, wherein the articulating tip is made from a biocompatible shape-memory alloy and is capable of 180-degree bidirectional flexion." This claim provides highly specific details about the material and precise range of motion for a key component.

  This sequence of claims illustrates arrangement in order of breadth by starting with the general function of the surgical instrument and then progressively detailing its specific parts, materials, and functional capabilities.