A means-plus-function clause is a component of a patent claim that clarifies the manner in which a design accomplishes a specific function or step in a process. This implies that the claim encompasses the particular structure or means outlined in the patent, along with any equivalents during interpretation or infringement. However, it does not encompass all potential methods of achieving the same function. This type of clause is typically present in claims for apparatus patents.
A means-plus-function clause in a patent claim asserts that the design is a way to perform a given function or is a step in the process of performing a given function. This clause will be interpreted as including the structure or means stated in the patent specification and equivalents at the time of interpretation or infringement, but not all possible means of achieving the same function. For example, a patent for a device that dispenses medication may include a means-plus-function clause that describes the mechanism for releasing the medication. The clause would be interpreted to include the specific mechanism described in the patent and any equivalent mechanisms that perform the same function.
A means-plus-function clause is a term used in patent law to describe a claim limitation that defines an element of an invention by its function rather than its structure or specific means of achieving that function.
When a means-plus-function clause is used in a patent claim, it allows the patentee to claim any means or method that performs the specified function, regardless of the specific structure or form of that means or method.
To be valid, a means-plus-function clause must clearly identify the function to be performed and the corresponding structure, material, or acts that can perform that function.
No, means-plus-function clauses are typically used in patent claims for inventions related to software, computer-implemented processes, or other technologies where the specific structure or means of achieving a function may not be known or easily described.
If a means-plus-function clause is found to be indefinite, the claim may be invalidated or construed narrowly by the court, potentially limiting the scope of the patent protection.
Yes, a means-plus-function clause can cover multiple structures or means as long as they are capable of performing the specified function.
Yes, a means-plus-function clause can cover known structures or means as long as they are not specifically excluded from the claim language.
No, a means-plus-function clause cannot be used to claim a result or outcome. It must describe the specific function to be performed.
No, a means-plus-function clause cannot cover future or unknown technologies. It must describe the specific structure, material, or acts that can perform the function at the time of filing the patent application.
Yes, a means-plus-function clause can be challenged or invalidated if it fails to meet the requirements for definiteness, enablement, or written description, or if it is found to cover subject matter that is not patentable.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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