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Patent Alert

USPTO advances clarity of patent record by tackling means-plus-function and step-plus-function claim limitations

On March 18, 2024, the United States Patent and Trademark Office (USPTO) issued a memorandum to the patent examining corps reminding them of the importance of providing consistent and clear analyses when addressing means-plus-function and step-plus-function limitations, which will result in a clearer record for the applicant, the public, and the courts. The memorandum also identifies resources and training opportunities for examiners that further the USPTO’s work toward ensuring consistent analysis by USPTO employees in addressing means-plus-function and step-plus-function limitations that will result in clearer communications to applicants from the USPTO as to the interpretation of means-plus-function and step-plus-function limitations.

Clearer USPTO communications provide both the applicant and the public with notice as to the claim interpretation used by the patent examiner during prosecution, and if the applicant intends a different claim interpretation, the issue can be clarified early in prosecution. The memorandum summarizes important points related to determining whether a claim limitation invokes 35 U.S.C. 112(f), clearly communicating on the record when section 112(f) has been invoked, and evaluating the adequacy of the supporting disclosure.

“This 112(f) guidance is part of our continued work to create more robust and reliable intellectual property rights on which patent applicants, investors, and the public can rely and use to build a stronger economy,” remarked Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “This guidance builds on our 101 guidance and recently issued 103 guidance to ensure the USPTO is using consistent interpretations of the law across the agency.”

You can find more information about the memorandum in a corresponding Federal Register Notice available on the USPTO's Patent Related Notices webpage.

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