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Legal Definitions - means-plus-function clause

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Definition of means-plus-function clause

A means-plus-function clause is a part of a patent claim that asserts that the design is a way to perform a given function or is a step in the process of performing a given function. This clause will be interpreted as including the structure or means stated in the patent specification and equivalents at the time of interpretation or infringement, but not all possible means of achieving the same function.

For example, a patent for a device that dispenses medication may include a means-plus-function clause that describes the mechanism for releasing the medication. The clause would be interpreted to include the specific mechanism described in the patent and any equivalent mechanisms that perform the same function.

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Simple Definition

A means-plus-function clause is a part of a patent claim that explains how a design performs a certain function or step in a process. This means that the claim includes the specific structure or means described in the patent, as well as any equivalents at the time of interpretation or infringement. However, it does not cover all possible ways of achieving the same function. This type of clause is usually found in claims for apparatus patents.

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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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