What are “nonce” words in the context of 35 U.S.C. 112(f)?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. “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). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claim Limitation Must Be Interpreted Under 35 U.S.C. 112(f) Explicitly Stated MPEP 2181 Recommended Claim May Be Indefinite When 35 U.S.C. 112(f) Analysis Is Ambiguous MPEP 2181 Recommended Application of 35 U.S.C. 112(f) Driven by Claim Language MPEP 2181 Rebuttable Presumptions for 35 U.S.C. 112(f) MPEP 2181 Recommended Single Means Claims Do Not Invoke 112(f) MPEP 2181 Prohibited Function Without Acts Not Invoking Means-Plus-Function MPEP 2181 Claim Limitation May Be Indefinite When 35 U.S.C. 112(f) Analysis Is Ambiguous MPEP 2181 Recommended Written Description Must Link Structure to Function MPEP 2181 Terms Must Connote Structure to Avoid 112(f) MPEP 2181 When Step Alone Does Not Invoke 112(f) MPEP 2181 Other Related FAQs 5 FAQs Collapse What is the &#8220;algorithm requirement&#8221; for computer-implemented functions under 112(f)? How are computer-implemented means-plus-function limitations interpreted? What is a single means claim and why is it problematic? What is requ...