What is the “fundamental factual inquiry” in written description issues?
According to MPEP 2163.02, the fundamental factual inquiry in written description issues is: “whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, inventor was in possession of the invention as now claimed.“
This inquiry is based on the Federal Circuit case Vas-Cath, Inc. v. Mahurkar. It emphasizes that the key consideration is whether the original disclosure provides sufficient information for a person skilled in the art to understand that the inventor had possession of the claimed invention at the time of filing.
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Topics:
MPEP 2100 - Patentability,
MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement,
Patent Law,
Patent Procedure