What is the significance of functional relationships between printed matter and the product in patent claims?
The functional relationship between printed matter and the product is crucial in determining the patentability of claims involving printed matter. According to MPEP 2112.01(III), the key question is:
“[T]he critical question is whether there exists any new and unobvious functional relationship between the printed matter and the substrate.” In re Gulack, 703 F.2d 1381, 1385-86, 217 USPQ 401, 404 (Fed. Cir. 1983).
If a new and unobvious functional relationship exists, the printed matter may contribute to the patentability of the claim. However, if the printed matter is merely informational and has no functional relationship with the substrate, it will not distinguish the invention from the prior art in terms of patentability.
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Topics:
And Apparatus Claims,
MPEP 2100 - Patentability,
MPEP 2112.01 - Composition,
Patent Law,
Patent Procedure,
Product