What is a functional limitation in a patent claim?

A functional limitation in a patent claim is a term that recites a feature “by what it does rather than by what it is”. As stated in the MPEP, “A claim term is functional when it recites a feature ‘by what it does rather than by what it is’ (e.g., as evidenced by its specific structure or specific ingredients).”

Functional language is often used to define a particular capability or purpose served by an element, ingredient, or step in a process. It’s important to note that functional language is not inherently improper in patent claims.

To learn more:

Topics: MPEP 2100 - Patentability, MPEP 2173.05(G) - Functional Limitations, Patent Law, Patent Procedure
Tags: claim language, Functional Limitations, patent claims, Patent Drafting