How does the USPTO examine means-plus-function claims?

The USPTO examines means-plus-function claims using a two-step analysis, as explained in MPEP 2182:

1. Define the function: The examiner must first identify the specific function claimed in the limitation. As stated in the MPEP, “The court must construe the function of a means-plus-function limitation to include the limitations contained in the claim language, and only those limitations.”
2. Identify corresponding structure: The examiner then looks to the specification to identify the structure that corresponds to the claimed function. The MPEP notes, “‘structure disclosed in the specification is “corresponding” structure only if the specification or prosecution history clearly links or associates that structure to the function recited in the claim.'”

If the specification provides a definition for the limitation, the examiner should interpret it accordingly. Otherwise, some judgment is required to determine the scope of the limitation.

To learn more:

• means-plus-function
• claim interpretation
• patent examination
• USPTO procedure