Legal Definitions - laudatory words

In the context of patents, laudatory words refer to descriptive terms used within a patent application'sclaims that are subjective, self-promotional, and make unquantifiable statements about an invention's quality or benefits. These words often express an opinion or a desired outcome rather than an objective, measurable characteristic. Patent claims are meant to precisely define the boundaries of an invention, and such subjective language can make it difficult to determine exactly what is being protected.

For this reason, laudatory words are generally not allowed in the claims of utility patent applications, which cover new and useful processes, machines, manufactures, or compositions of matter. However, they are allowed in plant patent applications, which protect new and distinct varieties of asexually reproduced plants.

Here are some examples illustrating laudatory words in the context of utility patent claims:

• Example 1: A New Cleaning Solution
  Imagine a company applying for a patent on a novel cleaning solution. If their patent claim states, "A cleaning solution that provides an amazing shine to all surfaces," the phrase "amazing shine" would be considered laudatory. It's a subjective judgment about the product's performance rather than a measurable, objective characteristic that defines the invention's unique features. A patent examiner would likely require this to be changed to something quantifiable, like "a cleaning solution that increases surface reflectivity by 15%."
• Example 2: An Innovative Security System
  Consider a patent application for a new home security system. If a claim describes it as "A security system offering complete peace of mind to homeowners," the phrase "complete peace of mind" is laudatory. It's an emotional benefit, not a technical feature that can be objectively measured or verified. Patent claims need to describe the technical components and their functions, such as "a security system comprising motion sensors with a 180-degree detection range and real-time mobile alerts."
• Example 3: A Breakthrough Medical Device
  Suppose a new medical device is invented. A patent claim stating, "A surgical tool designed for effortless precision during complex procedures," uses "effortless precision" as laudatory words. This phrase expresses an aspirational outcome or user experience rather than a specific, verifiable technical attribute of the tool itself. To be acceptable, the claim would need to describe the tool's design features that enable precision, such as "a surgical tool incorporating a gyroscopic stabilization mechanism for maintaining tip alignment within 0.1 millimeters."