What are “nonce” words in the context of 35 U.S.C. 112(f)?
“Nonce” words in the context of 35 U.S.C. 112(f) are generic terms that typically do not connote sufficiently definite structure to avoid invoking means-plus-function treatment. The MPEP 2181 provides examples of such words:
“Examples of generic terms (nonce words) include “mechanism for,” “module for,” “device for,” “unit for,” “component for,” “element for,” “member for,” “apparatus for,” “machine for,” or “system for.””
However, it’s important to note that the presence of a nonce word does not automatically invoke 112(f). The full three-prong analysis must still be applied to determine if the limitation should be interpreted under 112(f).
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2181 - Identifying And Interpreting A 35 U.S.C. 112(F) Or Pre - Aia 35 U.S.C. 112,
Patent Law,
Patent Procedure,
Sixth Paragraph Limitation