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Course Details

This CLE webinar will guide patent counsel on means-plus-function (MPF) claims and the USPTO's recent guidance. The panel will discuss the implications of the guidance for patent counsel and applicants. The panel will offer best practices to overcome the challenges of MPF claims and leverage 112(f) and functional claims.

Faculty

Description

In March 2024, the USPTO issued guidance for examining patent claims with MPF and step-plus-function limitations under Section 112(f). The guidance discussed interpretation of MPF claims under Section 112(f), which permits drafters to "recite a function in a claim and rely on the specification for the corresponding structure, material, or acts that perform the function and equivalents to the disclosed structure, material, or acts."

The guidance instructs examiners to use a three-prong test to determine if Section 112(f) is involved. The guidance highlights claim interpretation and the importance of a clear record as well as the need to provide sufficient support to meet the requirements of definiteness, written description, and enablement.

Nearly all technological fields use MPF claiming. MPF claims can provide more protection for patent applicants than other claims. Counsel should keep in mind how claims are framed under Section 112(f), especially with MPF claims. It is essential for patent counsel to include adequate and precise descriptions in the patent specification to support the claimed functions.

Listen as our authoritative panel of patent attorneys examines MPF claims and the USPTO's recent guidance. The panel will discuss the implications of the guidance for patent counsel and applicants. The panel will offer best practices to overcome the challenges of MPF claims and leverage 112(f) and functional claims.

Outline

  1. MPF claims and the benefits of using them
  2. USPTO guidance
  3. Section 112(f) three-prong analysis
  4. Best practices

Benefits

The panel will review these and other noteworthy issues:

  • What are the benefits and limitations of using MPF patent claims?
  • What are the potential implications of the USPTO's decision in Xencor?
  • What are the alternatives if MPF is not available?