What are the implications of including human beings in the description and claims?

Question

Consider the claims:

1. A method comprising using a computing device to do X.

2. A system including a computing device, wherein the computing device can perform X.

that is enabled by:

The system may include a computing device. A user of the computing device may use the computing device to do X.

Is there risk to including a "user" in the description, with respect to future rights?

What about in the claims? For example:

1. A method comprising receiving, from a computing device, a command, wherein the command is sent by a user of a second computing device.

2. A system including a computing device, wherein the system can perform X upon receiving a command from a user of the computing device.

I've been told that using human beings in any context is a problem. It's not obvious to me why.

Answer 1

I've been told that using human beings in any context is a problem. It's not obvious to me why.

According to the law (in U.S.), patent claims can not recite a human being per se. See https://www.uspto.gov/web/offices/pac/mpep/s2105.html

There is no prohibition on making reference to the user in claims, plenty of patents and applications do so: https://patents.google.com/?q=CL%3d(user)

I would personally avoid "a user" (especially in a device claim) so that it doesn't sound like the user is a positively recited element.

Also consider whether the user aspect is truly important to the invention. Maybe the invention is sufficiently general that machine input could work too. In that case it might be better to leave unspecified where the input comes from.

For a device that absolutely requires user input, there may be ways to phrase it without introducing the user per se. For example, a device can "present a user interface" (which may be graphical or textual or any other suitable type). It could also "accept a command through said user interface" and so on all the while without specifying concretely that there is a user at the other end.

As to referencing the user of a device in the specification itself, I say go for it if it helps explain the necessary interaction.