Software patents for emerging tech since 2008

If you’re from the US, don’t neglect means-plus-function claims


Did you know that means-plus-function patent claims provide the broadest scope in Europe, because they are interpreted as covering anything that can perform the function?

This is quite useful in software patents where it often does not make sense to limit the inventive functionality to a specific hardware implementation.

The US is a completely different story though: There, means-plus-function claims are limited to the corresponding structures recited in the specification, i.e. they are usually rather narrow.

best practice is therefore to include multiple independent claims in the priority application: one in means-plus-function format and another which recites structure like a processor and memory.

Your US and EP outside counsel can then pick the best version for the corresponding regional application.

Happy innovating,

About Bastian Best

Bastian Best

I'm a European patent attorney specializing in software patents and a partner in one of the most renowned IP only firms in Europe.

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By Bastian Best Software patents for emerging tech since 2008