How does the USPTO evaluate functional claim language?
The USPTO evaluates functional claim language based on several factors outlined in MPEP 2173.05(g). These factors include: Whether the specification provides a clear and definite description of the claimed function Whether one skilled in the art would understand the bounds of the claim when read in light of the specification Whether the claim provides clear…
Read MoreWhat is the ‘three-prong test’ for functional claim language?
The ‘three-prong test’ for functional claim language is a method used by the USPTO to determine whether a claim limitation expressed in functional language is sufficiently definite under 35 U.S.C. 112(b). According to MPEP 2173.05(g), the test involves the following three prongs: Is there a clear cut indication of the scope of the subject matter…
Read MoreHow should examiners interpret functional claim language?
Examiners should interpret functional claim language by focusing on the underlying structure or material that performs the claimed function. MPEP 904.01 states: Functional claim language must be evaluated and considered, just like any other limitation of the claim, for what it fairly conveys to a person of ordinary skill in the pertinent art in the…
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