Means Plus Function Claim. Essentially means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure.
Meansplusfunction can be used to define a structural element of a thing “Means for fastening” is a sort of a placeholder for a thing It would be whatever is contained in the collection of fasteners mentioned in the specification It would not generally cover acts Functional claiming can be used in method claims.
Interpretation and Infringement of MeansPlusFunction
In contrast “meansplusfunction” claims express a technical feature in functional terms This offers patent writers more flexibility in how they describe the function a device performs For example an inventor could claim an electronic or electromechanical device by describing circuits performing specific functions as opposed to the circuitry of the actual device.
A Primer on Indefiniteness and Means Plus Function
MeansPlusFunction Claims Don’t Forget the “Way” By Paul Devinsky on October 21 2021 Posted In Patents The US Court of Appeals for the Federal Circuit affirmed a lower court’s findings of noninfringement in part because the plaintiff had failed to prove the “way” element of the functionwayresult test for a first meansplusfunction claim and because the.
MeansPlusFunction Patent Claims After Williamson
PDF fileinto the claim (and the recited function is also a claim limitation) ―Accordingly when the specification is not drafted properly eg to have a comprehensive disclosure of alternative structures corresponding to the “means” element the claim limitation may have a narrower scope than a limitation that is not a meansplusfunction.
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Authored by Eric P Raciti The concepts of indefiniteness and functional language have been entangled for a very long time Indeed it was this complicated interplay that lead to the eventual statutory inclusion of a “meansplusfunction” section in the 1952 Patent Act 1 But long before the middle of the twentieth century the American patent system had grappled with issues.