Legal Definitions - nonstatutory claim

A nonstatutory claim, in the context of patent law, refers to a statement within a patent application that attempts to define an invention but fails to meet the specific legal requirements set forth in patent statutes. These statutes dictate how an invention must be described and claimed to be legally valid and enforceable. Essentially, a nonstatutory claim is one that does not comply with the law's demands for clarity, particularity, and distinctness, often because it is too vague or merely refers back to the general description or drawings without specifying the invention's unique features.

Here are some examples to illustrate this concept:

• Imagine a patent application for a new type of ergonomic office chair. One of the claims states: "An office chair substantially as described and illustrated in the accompanying drawings."

  This would likely be considered a nonstatutory claim because it doesn't clearly and distinctly define the *specific features* of the new chair that make it unique or inventive. Instead, it vaguely points to the entire description and drawings, making it difficult for others to understand the precise scope of the invention and avoid infringement. Patent law requires claims to be much more specific about what is being protected.

• A company invents a novel software algorithm designed to optimize delivery routes. A claim in their patent application reads: "A method for improving logistical efficiency using the inventive techniques described herein."

  This claim is nonstatutory because it lacks particularity. It refers to "inventive techniques described herein" without specifying *what* those techniques are or *how* they achieve the improvement. A valid claim would need to detail the specific steps or components of the algorithm that achieve the optimization, allowing the public and competitors to understand the boundaries of the patented invention.

• Consider a patent application for a new type of water filtration system. One of the claims states: "The innovative components of the filtration system as explained in the detailed description."

  This claim is nonstatutory because it fails to particularly point out and distinctly claim the subject matter. It relies entirely on a general reference to the "detailed description" rather than articulating the specific components, their functions, or their structural relationships that constitute the invention. Patent statutes require claims to stand on their own as a precise definition of the invention's scope, rather than forcing readers to hunt through the entire document to understand what is being claimed.