Which two distinct requirements must claims meet according to 112(b)?

Prepare for the USPTO Patent Bar Exam with comprehensive quizzes and multiple-choice questions that include hints and thorough explanations. Enhance your understanding and confidently tackle the exam!

Under 35 U.S.C. § 112(b), claims in a patent application must particularly point out and distinctly claim the subject matter that the applicant regards as the invention. This means that claims must clearly identify what the invention is and provide a specific delineation of the scope of the claims being made.

The first part of the requirement, to "identify invention," ensures that the claims effectively communicate the essence of the invention to the reader, allowing those skilled in the art to understand what is being claimed. This is crucial for establishing the boundaries of patent protection.

The second part, "specify claims," refers to the need for claims to be detailed enough to outline the invention's limits and features distinctly. This specificity is essential for preventing ambiguity and ensuring that others can comprehend the invention's scope.

These two aspects contribute to the overall clarity and enforceability of the patent, ensuring that both the applicant and potential infringers have a clear understanding of what is being claimed.

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