How are computer-implemented means-plus-function limitations interpreted?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

For computer-implemented means-plus-function limitations, the specification must disclose an algorithm for performing the claimed function. The MPEP states:

For a computer-implemented 35 U.S.C. 112(f) claim limitation, the specification must disclose an algorithm for performing the claimed specific computer function, or else the claim is indefinite under 35 U.S.C. 112(b).

A general-purpose computer is not sufficient structure for a computer-implemented function. The algorithm may be expressed in various forms, including as a mathematical formula, in prose, or as a flow chart.

Topics: MPEP 2100 - Patentability MPEP 2181 - Identifying And Interpreting A 35 U.S.C. 112(F) Or Pre - Aia 35 U.S.C. 112 Patent Law Patent Procedure Sixth Paragraph Limitation
Tags: 112(F), Algorithm, Computer-Implemented, means-plus-function, Software Patents