It is very important to provide adequate disclosure when using
"means-plus-function" claims in a U.S. patent,
particularly in the field of software.
"Means-plus-function" claims include elements that are
defined in a functional (as opposed to structural) manner, such as
"means for tying a shoe", and can be useful as long as
they are carefully prepared. In particular, "means"
claims require the disclosure of specific structural examples in
the body of the patent that are used to interpret the functional
elements.1
One further issue is that this requirement is often confused
with the requirement that the patent include enabling
disclosure.2 Enabling disclosure generally relates to
whether an individual of ordinary skill in the art (i.e., a
suitable engineer or programmer) could make or use the invention.
On the other hand, providing adequate disclosure of corresponding
structures is important, even where such structures may be routine,
since this is necessary to