How does the MPEP address computer-implemented means-plus-function limitations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. The MPEP provides specific guidance for computer-implemented means-plus-function limitations, particularly regarding the written description requirement. According to MPEP 2185 : “If the means- (or step-) plus-function limitation is computer-implemented, and the specification does not provide a disclosure of the computer and algorithm in sufficient detail to demonstrate to one of ordinary skill in the art that the inventor possessed the invention, see MPEP § 2161.01 and MPEP § 2181, subsection IV, 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.” This guidance emphasizes the importance of providing a detailed disclosure of both the computer and the algorithm used to perform the claimed function. Failure to do so may result in a rejection for lack of written description under 35 U.S.C. 112(a). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Written Description Must Support Claims MPEP 2185 Recommended Specification Must Describe Computer and Algorithm Sufficiently MPEP 2161.01 Required Claim Limitation Does Not Waive Description Requirements MPEP 2185 Prohibited Statutory Requirements for Computer-Implemented Inventions MPEP 2161.01 Claim Interpretation May Uncertainly Describe Invention MPEP 2185 Permitted Means-Plus-Function Limitation Must Be Supported by Specification MPEP 2185 Claims with Computer-Implemented Functions May Invoke Means-Plus-Function MPEP 2161.01 Permitted Rejections Under 35 U.S.C. 112(b) or Pre-AIA 35 U.S.C. 112, Second Paragraph MPEP 2175 Claim Must Be Supported by Specification MPEP 2185 Recommended Rejection Under 35 U.S.C. 112(b) Must Use Specified Paragraphs MPE...