How does the USPTO determine if the written description requirement is met?
The USPTO determines if the written description requirement is met through a case-by-case analysis. According to MPEP 2163.02:
“The fundamental factual inquiry is whether the specification conveys with reasonable clarity to those skilled in the art that, as of the filing date sought, applicant was in possession of the invention as now claimed.”
This assessment involves:
- Reviewing the entire application to understand what the applicant has invented and is seeking to patent
- Determining whether there is sufficient written description to inform a skilled artisan that applicant was in possession of the claimed invention as a whole at the time the application was filed
- Considering the nature and specific aspect of the invention, the state of the prior art, and the level of skill in the art
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2163.02 - Standard For Determining Compliance With The Written Description Requirement,
Patent Law,
Patent Procedure