How does the USPTO evaluate functional claim language?

The USPTO evaluates functional claim language based on several factors outlined in MPEP 2173.05(g). These factors include:

• Whether the specification provides a clear and definite description of the claimed function
• Whether one skilled in the art would understand the bounds of the claim when read in light of the specification
• Whether the claim provides clear warning to others as to what constitutes infringement

The MPEP states: “The use of functional language in a claim may fail “to provide a clear-cut indication of the scope of the subject matter embraced by the claim” and thus be indefinite.” However, functional language is not inherently indefinite. The key is to ensure that the language is clear and supported by the specification.

Examiners are instructed to consider whether the functional language is sufficiently clear to a person having ordinary skill in the art, based on the disclosure in the specification and the knowledge in the art.

To learn more:

• functional claim language
• USPTO evaluation
• patent examination
• claim interpretation