How does MPEP 2114 address computer-implemented functional claim limitations?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

MPEP 2114 provides specific guidance on computer-implemented functional claim limitations. Key points include:

• For computer-implemented functional claim limitations, the specification must disclose an algorithm for performing the claimed function.
• If the specification does not provide a disclosure of the computer and algorithm in sufficient detail, a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for lack of written description must be made.
• For a computer-implemented means-plus-function claim limitation invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, the specification must disclose an algorithm for performing the claimed specific computer function.

MPEP 2114 states: “When the examiner has determined that one or more computer-implemented functional claim limitations are not supported by the disclosure, the examiner must determine whether to reject the claim under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement or as failing to comply with the enablement requirement.”