What are “Use” Claims in patent law?
“Use” claims are a type of patent claim that attempts to claim a process without setting forth specific steps. According to MPEP 2173.05(q), these claims often raise issues of indefiniteness under 35 U.S.C. 112(b).
The MPEP provides an example: “[a] process for using monoclonal antibodies of claim 4 to isolate and purify human fibroblast interferon” was deemed indefinite because it “merely recites a use without any active, positive steps delimiting how this use is actually practiced.”
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(Q) - "Use" Claims,
Patent Law,
Patent Procedure