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

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.”

To learn more:

• computer-implemented claims
• functional limitations
• algorithm disclosure
• 35 U.S.C. 112