Why are means plus function claims bad?
One reason why means-plus-function claims have fallen out of favor is that this actual scope given to the means claim is quite narrow, while a different term such as “a fastener” might be given a broader scope.
Why use means plus function?
Essentially, means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within the body of the claim itself.
When to use means plus function in claim?
Essentially, means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within the body of the claim itself. A claim term is functional when it recites a feature by what it does rather than by what it is.
When to use generic noun instead of means plus function?
Essentially, patent drafters came to see that using a generic noun in place of a means-plus-function recitation would avoid claim construction risks. By the mid-1990s, it was becoming clear that the courts were more aggressively policing the meaning of claim terms rather than leaving the issue to a jury.
What is a primer on indefiniteness and Means plus function?
A Primer on Indefiniteness and Means Plus Function. Essentially, means plus function claiming allows the drafter to claim the invention based on functionality rather than the more traditional (and preferred) claiming technique that employs structure within the body of the claim itself.
What does it mean to be a detent in means plus function?
Nevertheless, the district court found that the claimed “detent” was equivalent to a conventional means-plus-function formulation and it was accorded the same legal effect—namely, the claim element was construed to mean the structure disclosed in the specification and equivalents thereof.