How does the broadest reasonable interpretation standard apply to means-plus-function claim limitations?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. The broadest reasonable interpretation (BRI) standard applies differently to means-plus-function claim limitations. According to MPEP 2181 , means-plus-function limitations are interpreted under 35 U.S.C. 112(f): “The broadest reasonable interpretation of a claim limitation that invokes 35 U.S.C. 112(f) is the structure, material or act described in the specification as performing the entire claimed function and equivalents to the disclosed structure, material or act.” This means that for means-plus-function limitations, the BRI is limited to the specific structure disclosed in the specification for performing the claimed function, along with equivalents. This interpretation is narrower than the typical BRI applied to other claim limitations. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Use Broadest Reasonable Interpretation of Means-Plus-Function Language MPEP 2181 Permitted Claim Limitation Must Be Interpreted Under 35 U.S.C. 112(f) Explicitly Stated MPEP 2181 Recommended Single Means Claim Is Limited to All Performing Means MPEP 2181 Claims Not Given Broadest Reasonable Interpretation During Infringement and Validity Proceedings MPEP 2111 Permitted Broadest Reasonable Interpretation Consistent With Art MPEP 2111 Broadest Reasonable Interpretation Consistent With Art MPEP 2111 Written Description Requirement for Means-Plus-Function Limitations MPEP 2181 Broadest Reasonable Interpretation Consistent With Art MPEP 2111 Requirement for Means-Plus-Function Limitations When Using 'Step For' MPEP 2181 Broadest Reasonable Interpretation Not Equating Terms MPEP 2111 Other Related FAQs 5 FAQs Collapse Can applicants provide their own definitions for cl...