What are “Use” Claims in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30
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.
“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.”
Topics:
MPEP 2100 - Patentability
MPEP 2173.05(Q) - "Use" Claims
Patent Law
Patent Procedure