How do “Use” claims relate to process claims in patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

“Use” claims are closely related to process claims, but they often lack the specificity required for a proper process claim. According to MPEP 2173.05(q), a “Use” claim becomes problematic when it fails to set forth specific steps involved in the process.

The MPEP states:

“Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.”

To be considered a valid process claim, the “Use” claim should include active, positive steps that clearly define how the use is practiced. Without these steps, the claim may be rejected as indefinite or as failing to comply with 35 U.S.C. 101, which defines the categories of patentable inventions.