Failing to Adequately Support a Means-Plus-Function Claim Te

Failing to Adequately Support a Means-Plus-Function Claim Term Renders a Claim Invalid | Mintz - Intellectual Property Viewpoints


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Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as “means-plus-function” under pre-AIA 35 U.S.C. §112 ¶ 6 (now AIA 35 U.S.C. §112(f)).
That is indeed what recently happened in
Rain Computing, Inc. v. Samsung Electronics Co., Ltd., where the claims at issue were directed to “delivering software application packages to a client terminal in a network based on user demands” and recited sending a “user identification module” configured to perform various functions.
Under §112 ¶ 6, a “patentee may draft claims as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof. But such claims are construed to cover only the structure, materials, or acts described in the specification as corresponding to the claimed function and equivalents thereof.” (internal quotations omitted).

Related Keywords

, Samsung Electronics Co Ltd , Rain Computing Inc , Brain Computing , சாம்சங் மின்னணுவியல் இணை லிமிடெட் , மழை கணினி இன்க் , மழை கணினி ,

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