Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
The Tarczy-Hornoch case is a significant legal precedent that established the “Mere Function of Machine” rule in patent law. According to MPEP 2173.05(v):
“In re Tarczy-Hornoch, 397 F.2d 856, 158 USPQ 141 (CCPA 1968). The court in Tarczy-Hornoch held that a process claim, otherwise patentable, should not be rejected merely because the application of which it is a part discloses an apparatus which will inherently carry out the recited steps.”
This case established that process claims should be evaluated on their own merits, regardless of whether a disclosed apparatus would inherently perform the claimed steps. This ruling protects inventors from having their process claims unfairly rejected based solely on the functionality of a related machine or apparatus.
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