What are the key differences between “use” claims and method 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.

The key differences between “use” claims and method claims in patent applications are:

• “Use” claims typically state the use of a product without any active steps, while method claims outline specific steps or actions.
• “Use” claims are often considered indefinite under 35 U.S.C. 112(b), while properly constructed method claims are not.
• Method claims are generally more acceptable in U.S. patent practice, whereas “use” claims are more common in some foreign jurisdictions.

As stated in MPEP 2173.05(q): “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).” This highlights why “use” claims are problematic in U.S. patent applications.