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11.2.7 Means-Plus-Function Claims .

Category:
Federal - Jury Instructions - 7th Circuit - Civil
State:
Multi-State
Control #:
US-JURY-7THCIR-11-2-7
Format:
Word
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Description

Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
11.2.7 Means-Plus-Function Claims (MPH Claims) are a type of patent claim defined by the U.S. Patent and Trademark Office (USPTO). MPH Claims are a specific type of functional claiming that limits the scope of a patent’s protectionMPHPF Claims are used to protect a particular invention’s structure, material, or acts that are necessary to achieve a desired result. MPH Claims are defined by 35 U.S.C. § 112(f), which states that "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." MPH Claims can be either structural or non-structural. Structural MPH Claims focus on the physical components of an invention that are necessary to perform a desired function. Non-structural MPH Claims are broader in scope and focus more on the functionality of an invention rather than its material components.

11.2.7 Means-Plus-Function Claims (MPH Claims) are a type of patent claim defined by the U.S. Patent and Trademark Office (USPTO). MPH Claims are a specific type of functional claiming that limits the scope of a patent’s protectionMPHPF Claims are used to protect a particular invention’s structure, material, or acts that are necessary to achieve a desired result. MPH Claims are defined by 35 U.S.C. § 112(f), which states that "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." MPH Claims can be either structural or non-structural. Structural MPH Claims focus on the physical components of an invention that are necessary to perform a desired function. Non-structural MPH Claims are broader in scope and focus more on the functionality of an invention rather than its material components.

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FAQ

112(f) interpretation. Every case will turn on its own unique set of facts. The standard is whether the words of the claim are understood by persons of ordinary skill in the art to have a sufficiently definite meaning as the name for structure.? Williamson v.

For example, an inventor could claim an electronic or electromechanical device by describing circuits performing specific functions, as opposed to the circuitry of the actual device.

§112(f), ?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

A form of patent claim that both: Expresses an element by its function rather than by any structure, material, or acts. Covers the structure, material, or acts, and any equivalents, which the patent's specification describes as corresponding to the function.

Citing more than two decades of precedent, the Court emphasized that infringement of means-plus-function claims requires proof of three things: That the accused structure performs the (1) identical function, (2) in substantially the same way (3) with substantially the same result, as the disclosed structure.

§ 112(f) Language ? A claim limitation that does not use the term ?means? or. ?step? creates a rebuttable presumption that the claim. limitation is not interpreted under § 112(f) ? This presumption is rebutted when the claim limitation recites. function without reciting sufficient structure, material or acts to.

112, first paragraph require that the specification include the following: (A) A written description of the invention; (B) The manner and process of making and using the invention (the enablement requirement); and. (C) The best mode contemplated by the inventor of carrying out his invention.

Claim interpretation is important in determining the scope of your patent rights and in determining whether anyone else has a patent that would prevent you from making, using, selling or importing an apparatus or method. must possess each claimed element, or something equivalent to the element.

11.2.7 Means-Plus-Function Claims . Related Searches

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More info

11.2.7 Means-Plus-Function Claims. 11.2. "Stepplusfunction" limitations are rare because claim steps typically use action words that rebut the presumption that § 112(f) applies.On appeal, the majority concluded that it was error to treat "distributed control module" as a meansplusfunction claim term. 7, Updated title and added guidance regarding withdrawn claim issues. Prerequisites: Complete these steps after completing the upgrade steps described in Upgrading EPM System in the Oracle Enterprise Performance. 2015)) meansplusfunction case law and the required disclosure of structure to avoid an indefiniteness issue. With more than 300 levels, ultra-challenging endless zones, fun mini-games, and daily Piñata Party events, there's always a new challenge to complete.

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