Define: Patent Ambiguity

Patent ambiguity refers to an ambiguity or uncertainty that is evident or obvious on the face of a document, contract, or other written instrument.

Patent ambiguity is readily apparent from the language or content of the document itself, while latent ambiguity arises when the language appears clear on its face but becomes ambiguous when applied to the specific circumstances.

Some examples of patent ambiguity include conflicting terms or provisions within a contract, unclear descriptions or specifications in a document, or obvious inconsistencies that create uncertainty about the intended meaning.

Patent ambiguity is typically resolved through extrinsic evidence, such as testimony, prior communications, or surrounding circumstances, to determine the parties’ intent and clarify the ambiguous language.

The parole evidence rule limits the admissibility of extrinsic evidence to contradict or vary the terms of a written instrument. However, it allows the use of extrinsic evidence to clarify patent ambiguities without contradicting the written terms.

Depending on the severity of the ambiguity and its impact on the parties’ ability to understand their rights and obligations, patent ambiguity may render a contract unenforceable if it cannot be resolved through interpretation or clarification.

To minimise the risk of patent ambiguity, parties should draft contracts and agreements with clear, precise language, avoiding ambiguous or conflicting terms. Legal review and clarification of unclear provisions can also help prevent ambiguity.

If patent ambiguity cannot be resolved through interpretation or extrinsic evidence, a court may be called upon to interpret the ambiguous terms and determine the parties’ rights and obligations based on applicable legal principles and equitable considerations.

Patent ambiguity in a patent application, such as unclear or inconsistent claims or specifications, can lead to rejection or invalidation of the patent if the ambiguity cannot be resolved or clarified to meet the requirements of patent law.

Parties involved in legal disputes arising from patent ambiguity should seek legal advice to understand their rights and options for resolution. Mediation, arbitration, or litigation may be necessary to resolve disputes over ambiguous terms or provisions.