MPEP 2114: Functional Language in Apparatus Claims

Answer in brief

MPEP 2114 holds that "apparatus claims cover what a device is, not what a device does". A recitation of how an apparatus is intended to be used does not distinguish it from a prior art apparatus that has the same structure and could perform that function.

What MPEP 2114 covers

The section governs functional language and "configured to" style limitations in apparatus and article claims.

Functional language can limit a claim, but only to the extent it implies structure.
If the prior art structure is capable of performing the recited function, the function does not distinguish the claim.
The manner of operating an apparatus does not distinguish an apparatus claim from the prior art.
2114(IV) addresses computer-implemented functional claim language.

How examiners use it

A common rejection: the reference shows the same structure, and the remaining language is intended use or function the structure can already perform.

On the patent bar

Remember the phrase "what a device is, not what a device does" and apply it to intended-use questions.

Read the full text

Official title: Apparatus and Article Claims — Functional Language [R-07.2015].

Read MPEP 2114 in full on Wysebridge ↗

Or at the source: USPTO MPEP § 2114.

Sources for this entry

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

Intended Use in the MPEP MPEP 2111: Broadest Reasonable Interpretation (BRI)MPEP 2181: Means-Plus-Function Under 35 U.S.C. 112(f)

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Cite or share this entry

MPEP.net. “MPEP 2114: Functional Language in Apparatus Claims.” Wysebridge Reference. Content reviewed 9 November 2026.
https://mpep.net/mpep-2114/