What is the relationship between equivalents and means-plus-function claims?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. Equivalents play a crucial role in interpreting means-plus-function claims. MPEP 904.01(b) directs readers to specific sections for more information: “See MPEP § 2181 – § 2184 for a discussion of equivalents when a claim employs means or step plus function terminology.” In means-plus-function claims, the claim language describes a means for performing a specific function rather than detailing the structure itself. When examining these claims, equivalents are considered to determine the scope of the claim. This involves identifying structures, materials, or acts described in the specification that perform the claimed function, as well as their equivalents. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Equivalent Subject Matter Must Be Considered MPEP 904.01(b) Required Parent Applications Must Be Reviewed for Prior Art MPEP 904 Required Examiner Must Consider Prior Art from Parent Application MPEP 904 Required Review of Cited Prior Art from Parent Application Required MPEP 904 Recommended Examiner Must Review File Wrapper History and PTAB Post-Grant Proceedings MPEP 904 Required Documents Cited in International Search Report Must Be Considered MPEP 904 First Search Should Cover Invention as Claimed MPEP 904 Recommended Examiner’s First Office Action Relies on Initial Search References MPEP 904 Examiner Must Complete Search Notes Form MPEP 904 Required Examiner Must Identify All Prior Art Sources MPEP 904 Required Other Related FAQs 5 FAQs Collapse How do patent examiners determine what constitutes an equivalent? How do equivalents affect prior art searches? What are equivalents in patent examination? Can claimed subject matter exclude equivalents? What addition...