Account

Sign in to access your account and subscription

Getting to Know Means-Plus-Function Claims: Does 'Means' Always Mean 'Means'?

Means-plus-function claims are a controversial part of claim drafting. On one hand, patent practitioners face the dilemma of whether or not to use such claims in an application, as they may narrow the scope of the patent protection through their dependence on what is described in the specification. On the other hand, such claims may be a complete, simple and elegant way to claim an invention that uses various types of a certain limitation, as in the software field. If a patent practitioner does decide to use means-plus-function claims, he or she should be aware that using the term "means" does not always mean that the claim is a means-plus-function claim. Likewise, the lack of the term "means" does not always mean that a claim is not in means-plus-function form, as exemplified in the recent case law discussed below.

20 minute read May 26, 2005 at 04:35 PM
By
Paul A. Ragusa and Noera Ayaz
Getting to Know Means-Plus-Function Claims: Does 'Means' Always Mean 'Means'?

Means-plus-function claims are a controversial part of claim drafting. On one hand, patent practitioners face the dilemma of whether or not to use such claims in an application, as they may narrow the scope of the patent protection through their dependence on what is described in the specification.

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

April 30, 2026

As AI becomes embedded in everyday business and legal operations, organizations are confronting a new expectation: simply disclosing AI use is no longer enough. A critical shift is taking place in the legal industry: transparency is no longer just about disclosure; it’s about comprehension.

April 30, 2026