What distinguishes a single means claim from other types of claims?
A single means claim is distinct from other types of claims due to its structure and scope. According to MPEP 2164.08(a):
“A single means claim, i.e., where a means recitation does not appear in combination with another recited element of means, is subject to an enablement rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.”
Key characteristics of a single means claim include:
- It contains only one means-plus-function limitation
- It does not combine this means with other elements or means
- It often covers a broad range of potential implementations
- It is more likely to face enablement issues due to its broad scope
Unlike other claim types, single means claims are particularly scrutinized for enablement issues due to their potential to cover all possible means of achieving a stated function.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2164.08(A) - Single Means Claim,
Patent Law,
Patent Procedure