Legal Definitions - broadening statement

A broadening statement is a specific phrase included within a patent claim that aims to indicate the invention's scope extends beyond the precise examples or detailed descriptions provided in the patent application. While intended to capture variations or alternative embodiments, such statements are often viewed as standard, generic language (sometimes called "boilerplate" or a "catch-all") and typically have limited legal effect in determining the actual scope of the patent's protection.

Here are some examples to illustrate this concept:

• Example 1: Mechanical Device

  Imagine a patent application for a novel type of adjustable wrench. The detailed drawings and written description might specifically show the wrench made from hardened steel with a particular type of ergonomic grip made of rubber. Within the patent claims, a broadening statement might be included, such as: "wherein the tool may be constructed from any suitable durable material" or "the grip may comprise various resilient substances."

  How it illustrates the term: This statement attempts to broaden the patent's coverage beyond just hardened steel and rubber grips. The inventor hopes to claim protection for wrenches made of other strong metals (like titanium) or with grips made of different flexible plastics, even if those specific alternatives weren't explicitly drawn or described in detail. However, a court would likely focus on the specific features shown and described, giving little weight to the general phrase "any suitable durable material" unless specific alternatives were also detailed.

• Example 2: Software Method

  Consider a patent application for a new method of securely transmitting data over a network. The application might describe the method using a specific encryption algorithm (e.g., AES-256) and implemented within a particular programming language (e.g., Python). A broadening statement in the claims could read: "the encryption method may utilize any equivalent cryptographic protocol" or "the system may be implemented in various computing environments."

  How it illustrates the term: This statement aims to prevent competitors from simply using a slightly different, but functionally identical, encryption algorithm (like Blowfish) or implementing the method in a different language (like Java) and claiming it falls outside the patent's scope. Despite this attempt, courts often require the patent to teach how to use those "equivalent" protocols or environments, and a general statement alone might not be sufficient to broaden the claim beyond what was specifically described.

• Example 3: Chemical Composition

  Suppose a patent is filed for a new type of industrial adhesive. The application details a specific chemical formula with precise ratios of three main components. A broadening statement in the claims might be: "the composition may include other functionally similar bonding agents" or "the components may be present in varying effective concentrations."

  How it illustrates the term: The inventor intends for the patent to cover not just the exact formula presented, but also variations where a slightly different chemical performs the same bonding function, or where the ingredient ratios are adjusted within a functional range. However, without specific examples or detailed explanations of these "other functionally similar bonding agents" or "varying effective concentrations" in the patent's description, the broadening statement alone is unlikely to extend the patent's protection to these un-described alternatives.