How does MPEP 2114 apply to functional language in apparatus claims?
MPEP 2114 provides guidance on how to evaluate functional language in apparatus claims. The key points are:
- Functional language in apparatus claims is limited to what the claimed structure is capable of doing, not what it actually does in operation.
- If the prior art structure is capable of performing the intended use, it meets the claim.
- Apparatus claims cover what a device is, not what it does.
As stated in MPEP 2114: “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2114 - Apparatus And Article Claims — Functional Language,
Patent Law,
Patent Procedure