How do examiners assess whether functional claim language is definite?

Examiners assess the definiteness of functional claim language by considering several factors, as outlined in MPEP 2173.05(g):

• Whether the specification provides a clear definition of the limitations
• If the claim language provides a clear-cut indication of the scope
• Whether one skilled in the art would know from the claim terms what structure or steps are encompassed
• The presence of examples or teachings in the specification to support the functional language

The MPEP states: “When a claim limitation employs functional language, the examiner’s determination of whether the limitation is sufficiently definite will be highly dependent on context (e.g., the disclosure in the specification and the knowledge of a person of ordinary skill in the art).” This guidance emphasizes the importance of context in assessing definiteness, requiring examiners to consider both the specification and the understanding of those skilled in the art.

To learn more:

• functional language
• claim definiteness
• patent examination
• MPEP 2173.05(g)