By: Robert R. Sachs
As explored in my previous post, the USPTO has focused upon the inclusion of glossaries in patent applications as a potential mechanism for addressing ambiguity in patent claims and discussed the idea at length during last month’s Software Partnership Meeting in Berkeley.
Unfortunately, the Office has developed this proposal without sufficiently considering how glossaries function in ordinary discourse. A glossary is a collection of textual “glosses” of technical or difficult words. A gloss is an explanation or definition of a word or expression. The assumption then is that the words of some patent claims are sufficiently “technical” or “difficult” to understand that some additional explanation is required, above and beyond their use either generally, or more particularly, in the context of the patent specification.