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.”

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Topics: MPEP 2100 - Patentability, MPEP 2173.05(Q) - "Use" Claims, Patent Law, Patent Procedure
Tags: indefiniteness, patent law, process claims, Use Claims