Define: Antecedent Basis

Antecedent basis is a concept utilised in patents to ensure clarity and coherence in the language used. It entails the requirement that specific words or phrases in a patent claim or description must be directly connected to a preceding general word or phrase. Failure to establish a clear connection between the antecedent and subsequent words may result in the rejection of the claim as unclear. Typically, a term is initially introduced with an indefinite article and subsequently referred to with the definite article.

Antecedent basis is a term utilised in patents to denote a broad word or phrase introduced in a claim or description, which must be referred to by a subsequent specific word or phrase. If the latter word is not clearly linked to its antecedent, the wording becomes ambiguous, resulting in the rejection of claims as impermissibly vague or indefinite. For instance, a patent claim may state, “A device comprising a handle and a blade, said blade being made of steel.” In this example, “said blade” refers back to “blade,” which serves as the antecedent basis. The use of “said” indicates that the blade being mentioned is the one previously stated. This example demonstrates how the antecedent basis ensures clarity and specificity in patent claims. By establishing a general term or phrase and subsequently referring back to it with a specific term or phrase, the patent claim becomes more precise and less susceptible to interpretation. This is crucial in patent law, as the language employed in claims can significantly impact the patent’s scope and enforceability.

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This glossary post was last updated: 17th April 2024.