What is the difference between functional limitations and means-plus-function claim language?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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.
While both functional limitations and means-plus-function claim language describe elements by their function, there are important differences:
- Means-plus-function claims are a specific form of functional claiming authorized by 35 U.S.C. 112(f).
- Means-plus-function claims are interpreted more narrowly, limited to the structure disclosed in the specification and its equivalents.
- General functional limitations can be broader and are not necessarily limited to specific structures in the specification.
Topics:
MPEP 2100 - Patentability
MPEP 2173.05(G) - Functional Limitations
Patent Law
Patent Procedure