Functional Claiming Under U.S. Patent Law

Shane Sondreal, Attorney at Law, Crawford Maunu PLLC, USA

Functional claim limitations can be useful for providing robust patent coverage, protecting what has been invented as well as variations therein. Patents employing such limitations can be useful for developing a portfolio that carves out a significant patent landscape, protecting one’s intellectual property and providing a strong negotiation position for both licensing and litigation purposes. Under U.S. law, uncertainty surrounding functional claim limitations has generated tension due to seemingly contradictory positions taken by both the courts and the U.S. Patent & Trademark Office (USPTO). These considerations are applicable to a variety of technologies, and are particularly interesting for computer-implemented inventions.

Shane Sondreal is a patents attorney at Crawford Maunu. His respective practice includes the preparation and prosecution of patent applications in multiple fields, litigation, and client counseling.

Crawford Maunu is an intellectual property law firm in the Minneapolis, Minnesota region, which assists clients from coast-to-coast and around the world in patent, trademark and copyright protection, including the preparation and prosecution of patent and