Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
The material or article worked upon generally does not limit apparatus claims. As stated in MPEP 2115: “Inclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims.” This principle is based on legal precedents such as In re Otto and In re Young.
The MPEP further explains: “Claim analysis is highly fact-dependent. A claim is only limited by positively recited elements.” This means that the focus should be on the structural elements of the apparatus itself, not the materials it processes.
To learn more:
Topics:
MPEP 2100 – Patentability,
MPEP 2115 – Material Or Article Worked Upon By Apparatus,
Patent Law,
Patent Procedure