What is the “Mere Function of Machine” rule in patent law?

The “Mere Function of Machine” rule refers to a principle in patent law that protects process or method claims from being rejected solely based on their relationship to a disclosed machine or apparatus. According to MPEP 2173.05(v):

“Process or method claims are not subject to rejection by U.S. Patent and Trademark Office examiners under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, solely on the ground that they define the inherent function of a disclosed machine or apparatus.”

This rule ensures that otherwise patentable process claims are not rejected simply because they describe steps that a disclosed apparatus would inherently perform.

To learn more:

• Patent Claims
• Process Claims
• Method Claims
• Machine Function
• Patent Rejection
• 35 U.S.C. 112