What is the significance of the “Mere Function of Machine” rule for patent applicants?
The “Mere Function of Machine” rule is significant for patent applicants because it protects their process or method claims from being unfairly rejected. According to MPEP 2173.05(v):
“The court in Tarczy-Hornoch held that a process claim, otherwise patentable, should not be rejected merely because the application of which it is a part discloses an apparatus which will inherently carry out the recited steps.”
This rule allows inventors to claim both an apparatus and its associated processes without fear that the process claims will be automatically rejected. It ensures that process claims are evaluated on their own merits, potentially broadening the scope of patent protection available to inventors. This can be particularly important in fields where both the apparatus and its method of use are innovative.
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