What 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 MoreWhat is the three-prong test for identifying limitations under 35 U.S.C. 112(f)?
The three-prong test is used to determine whether a claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. According to MPEP § 2181, the test consists of the following prongs: The claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a…
Read More