What is a means-plus-function claim limitation?
A means-plus-function claim limitation is a claim element that uses the term “means” (or “step”) and is coupled with functional language, without reciting specific structure to perform the function. These limitations are interpreted under 35 U.S.C. 112(f). As stated in the MPEP: “An element in a claim for a combination may be expressed as a…
Read MoreWhat is a Markush group in patent claims?
A Markush group is a claim construction that lists alternatives to define a limitation in a patent claim. As stated in the MPEP 2173.05(h): “Claims that set forth a list of alternatives from which a selection is to be made are typically referred to as Markush claims, after the appellant in Ex parte Markush, 1925…
Read MoreWhat is the definition of joint inventorship?
Joint inventorship occurs when two or more individuals collaborate to create an invention. The MPEP provides guidance on joint inventorship based on 35 U.S.C. 116: “When an invention is made by two or more persons jointly, they shall apply for patent jointly and each make the required oath, except as otherwise provided in this title.…
Read MoreWhat is interference practice in patent law?
Interference practice is a procedure used to determine priority of invention between two parties. It is based on pre-AIA 35 U.S.C. 102(g). As stated in the MPEP: “An interference is an inter partes proceeding directed at determining the first to invent as among the parties to the proceeding, involving two or more pending applications naming…
Read MoreWhat is an “enabling disclosure” in patent law?
An “enabling disclosure” in patent law refers to a prior art reference that provides sufficient information for a person of ordinary skill in the art to make and use the claimed invention without undue experimentation. The Manual of Patent Examining Procedure (MPEP) Section 2121.01 states: “A reference contains an ‘enabling disclosure’ if the public was…
Read MoreWhat is a Continuation-In-Part (CIP) application?
A Continuation-In-Part (CIP) application is a type of patent application that contains a portion or all of the disclosure of an earlier application and adds matter not disclosed in the earlier parent application. The new matter in a CIP application can be claimed, but it may affect the effective filing date of certain claims. According…
Read MoreWhat is analogous art in patent law?
Analogous art in patent law refers to prior art that can be used in an obviousness rejection under 35 U.S.C. 103. According to MPEP 2141.01(a), a reference is considered analogous art to the claimed invention if: The reference is from the same field of endeavor as the claimed invention (even if it addresses a different…
Read MoreWhat constitutes a “public use” under pre-AIA 35 U.S.C. 102(b)?
A “public use” under pre-AIA 35 U.S.C. 102(b) occurs when the invention is in public use before the critical date and is ready for patenting. The Federal Circuit has explained that the proper test for the public use prong includes two key elements: The purported use was accessible to the public; or The invention was…
Read MoreWhat constitutes a “public use” under 35 U.S.C. 102(a)(1)?
A “public use” under 35 U.S.C. 102(a)(1) is defined in the MPEP 2152.02(c) as follows: “Public use” includes any use of the claimed invention by a person other than the inventor or a joint inventor, or any use of the claimed invention by the inventor or a joint inventor that is accessible to the public.…
Read MoreWhat constitutes a “printed publication” in patent law?
A “printed publication” in patent law refers to a document that is sufficiently accessible to the public interested in the art before the critical date. As stated in MPEP 2128.01, “dissemination and public accessibility are the keys to the legal determination whether a prior art reference was ‘published.’” The Federal Circuit in Constant v. Advanced…
Read More