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ARTICLE · 14 MAY 2024

Understanding Means-Plus-Function Claims In Patent Law

Upadhye Tang
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We previously wrote about product-by-process claims in patent law describing them as an atypical patent claim.

United StatesIntellectual Property
Shashank Upadhye
Shashank Upadhye
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We previously wrote about product-by-process claims in patent law describing them as an atypical patent claim. See our article here: https://ipfdalaw.com/understanding-product-by-process-claims-in-patent-law/. Another atypical claim is a so-called "means plus function" claim. The M+F claim has a statutory root under 35 U.S.C. Sec. 112(f) (previously under 35 U.S.C. Sec. 112, sixth paragraph). The statute states that:

(f) Element in Claim for a Combination.—

An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.

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