A recent Patently-O analysis by Dennis Crouch tracks how patent drafting has evolved since the Federal Circuit's 2015 en banc decision in Williamson. The data show a sharp decline in claims using the word "means" — from 7% of issued utility patents in 2015 to just 3% so far in 2026. That continues a longer slide from a 1987 peak of 60%.
Yet the overall use of functional claiming has not fallen. The article reports that 74% of 2026 patents contain an apparatus or product claim tying a function to a claim element, up from 65% in 1976. This suggests attorneys are preserving the strategic benefits of functional language — such as covering later-developed technology — while avoiding the legal restrictions that attach to "means" claims under Section 112(f).
Crouch identifies four alternative claim forms that appear to be absorbing the role once played by "means," though the full list is behind a paywall. He also raises an unresolved question: whether the shift is driven by U.S. drafters or by applicants filing from abroad. The preview does not provide an answer, leaving that part of the analysis for paying subscribers.