The IT Law Wiki
The IT Law Wiki

U.S. patent law[]

A means-plus-function claim form is authorized by 35 U.S.C. §112, ¶6, which states:

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.

The means-plus-function clause applies to both a patentability determination in the U.S. Patent and Trademark Office and infringement proceedings.[1]

References[]

  1. In re Donaldson, 16 F.3d 1189, 1193, 29 U.S.P.Q. (BNA) 1845 (Fed. Cir. 1994)(full-text).