How can I rewrite a “use” claim to make it acceptable in a U.S. patent application?

To rewrite a “use” claim and make it acceptable in a U.S. patent application, you should:

1. Convert the “use” claim into a method claim by specifying active steps.
2. Ensure the claim clearly outlines the process or method of using the product or composition.
3. Include specific, definite actions that describe how the product or composition is applied or utilized.

The MPEP 2173.05(q) provides guidance: “Although a claim should be interpreted in light of the specification disclosure, it is generally considered improper to read limitations contained in the specification into the claims.” This means that while the specification can provide context, the claim itself must be clear and definite.

For example, instead of claiming “The use of composition X for treating disease Y,” rewrite it as “A method of treating disease Y, comprising administering an effective amount of composition X to a patient in need thereof.”

To learn more:

• use claims
• method claims
• claim drafting
• patent application
• claim revision