Can a method claim be means plus function?

Id. Third, the court rejected the implication that a means-plus-function term cannot be nested in a method claim. In relevant part, the brief stated the claims at issue were directed to a method rather than an apparatus, and therefore the limitation “user identification module . . .” did not invoke § 112 ¶ 6.

What is a means plus function claim?

Means-plus-function claiming allows a patentee to claim functionality without reciting a specific structure within the claim itself. Instead, a means-plus-function claim relies on a corresponding structure found in the corresponding patent specification.

What are the two types of patent claims?

Types of patent claims

• Independent and dependent claims. An independent claim can be defined as a claim consisting of the limitations necessary to define an invention.
• Mean plus function claim.
• Apparatus claim.
• Method claim.
• Composition claim.

What is the plus function?

2. 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 within the body of the claim itself.

Why are means plus function claims bad?

One reason why means-plus-function claims have fallen out of favor is that this actual scope given to the means claim is quite narrow, while a different term such as “a fastener” might be given a broader scope.

What is a method claim?

Generally, method claims are claims that recite one or more steps. They are typically used to protect methods of making a product, using a product, or providing a service. Method claims are usually considered much weaker than product claims because method claims can be difficult to enforce.

What are the types of patent claims?

There are two types of patent claims: independent claims and dependent claims. Independent claims can “stand alone”, without referring to any other claim. It contains all the elements necessary to define the invention.

What does the method of claim mean?

Method or process claims will include active steps to achieve a certain result. In method claims the transition is typically either “comprising” or “comprising the steps of.” While legally there may be some distinction between these two different transitions, both are acceptable.

What does the doctrine of equivalents do?

The doctrine of equivalents is a legal rule in patent law whereby a party can be liable for infringement even though the party does not literally or precisely infringe every limitation of a patent claim. The doctrine is applied in a variety of jurisdictions including in the United States.

Can you patent a method?

To be patentable, just like any invention, the art, method, or process must be useful, novel, and non-obvious. Disclosure has to be complete to the point that anyone with general knowledge of the industry can comprehend how it works. These qualifications are outlined in Section 101 of the U.S. Patent Act.

When was the first means-plus-function claim patented?

It is not known when the first modern means-plus-function claim was patented, but it is generally known that this claim format was commonly used in the nineteenth century. What’s the Story Behind 35 U.S.C. § 112 (f)?

What is means-plus-function clause in patent law?

For example, rather than claiming a pen, the patent attorney may claim a means for writing. The words “means for writing” describe a much larger class of items than the word “pen,” such as pencil and the like. Such clause in a patent claim is known as “means-plus-function clause.”

What is me means plus function claiming?

Means Plus Function Claiming. (f) Element in Claim for a Combination.— An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material,…

What is patpatent claim?

Patent claim is measured by the words used in its claims, and therefore, any clause used is critical. A patent attorney usually plays with the language of a claim to reach a desired scope of protection.