How does the Federal Circuit’s decision in Williamson v. Citrix affect 112(f) interpretation?
The Federal Circuit’s decision in Williamson v. Citrix Online, LLC significantly impacted the interpretation of 35 U.S.C. 112(f). According to MPEP 2181:
“The Federal Circuit has stated that the presumption that 35 U.S.C. 112(f) does not apply to a claim limitation that does not use the term “means” is overcome when the claim term fails to recite sufficiently definite structure or else recites function without reciting sufficient structure for performing that function.”
This decision effectively lowered the bar for invoking 112(f), making it easier to interpret claim limitations as means-plus-function even without the word “means.” Examiners and practitioners must now focus more on whether the claim language recites sufficient structure, rather than relying on the presence or absence of the word “means.”
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