Intended Use in the MPEP

Answer in brief

In the MPEP, a statement of intended use usually does not distinguish a claim from the prior art. If a prior art structure is capable of performing the intended use, the limitation is met (MPEP 2111.02, 2114). It limits the claim only when it results in a structural difference.

Where the MPEP addresses it

MPEP 2111.02: whether a preamble is a limitation or a mere statement of purpose or intended use.
MPEP 2114: apparatus claims cover what a device is, not what it does.
MPEP 2144.07: art-recognized suitability for an intended purpose as a basis for obviousness.
MPEP 2143.01(V): a modification that makes a reference unsatisfactory for its intended purpose is not suggested.

How applicants respond

Show that the intended use requires a structural difference the prior art lacks, or amend the claim to recite that structure positively.

Questions & answers

Is intended use a claim limitation?

Usually not for prior art purposes. Under MPEP 2111.02 and 2114, intended use limits a claim only if it results in a structural difference from the prior art.

Sources for this entry

USPTO — MPEP § 2111 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
USPTO — MPEP § 2114 USPTO
Official text of this section, Ninth Edition, Revision 01.2024.
Wysebridge MPEP Center Wysebridge (publisher of this site)
The full MPEP (9th Ed., Rev. 01.2024) free to read, with Wysebridge's estimated patent bar weight for each chapter.

Practical guidance is original editorial content. Company-published figures are the company's own claims and are labeled as such.

Continue this reading path

MPEP 2111: Broadest Reasonable Interpretation (BRI)MPEP 2114: Functional Language in Apparatus Claims MPEP 2143.01: Motivation to Combine or Modify

How the related websites connect

This is one of a coordinated collection of Wysebridge references. The related sites answer neighboring questions and share the same publisher entity, Wysebridge. They are not independent endorsements.

Best Patent Bar Review — Choosing a patent bar review course, compared on pass rate, price and method.
Patent Attorney Salary — What patent attorneys earn, by setting and career stage, with sources.
Patent Agent Salary — What patent agents earn without a law degree, and how pay grows.
Patent Bar Exams — The USPTO registration exam: format, fees, dates, past exams and practice.

Cite or share this entry

MPEP.net. “Intended Use in the MPEP.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/intended-use/