Interpretive aspects of claim language and patent scope

Abstract

Patent scope is an important patent policy lever. We distinguish between the verbose and interpretive aspects of claim language wherein the latter is predominantly characterized by scope-broadening terms and the former is exclusively constructed from scope-narrowing terms and operationalize these aspects based on the proportions of the corresponding characterizing terms in the claims. Using samples ranging from half a million to two million patents, we test and validate the association between our scope measures and several established indicators of patent value and find that the association is not only statistically significant but also economically substantive. Our study contributes to theory by expounding the salience of verbose and interpretive aspects of claim language to patent scope studies and empirical literature by advancing valid and reliable indicators of patent scope based on claim interpretation. For patent policymakers, our study enables a more precise assessment of patent scope during patent examinations. Innovators can benefit from the knowledge of our patent scope measures by enhancing the quality and eventual value of their patents and patent portfolios.