What is a functional limitation in a patent claim?
A functional limitation in a patent claim is a term that recites a feature “by what it does rather than by what it is”. As stated in the MPEP, “A claim term is functional when it recites a feature ‘by what it does rather than by what it is’ (e.g., as evidenced by its specific structure or specific ingredients).”
Functional language is often used to define a particular capability or purpose served by an element, ingredient, or step in a process. It’s important to note that functional language is not inherently improper in patent claims.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2173.05(G) - Functional Limitations,
Patent Law,
Patent Procedure