Can an applicant amend the specification to meet the written description requirement?
Can an applicant amend the specification to meet the written description requirement?
Yes, an applicant can amend the specification to address written description issues, but there are important limitations. 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 means that any amendments to the specification must be supported by the original disclosure. Applicants cannot add new matter to the specification to meet the written description requirement. Amendments are typically limited to:
- Clarifying existing content
- Correcting errors
- Reorganizing information already present in the original disclosure
If an applicant attempts to add new matter through an amendment, it may be rejected under 35 U.S.C. 132(a), which states: “No amendment shall introduce new matter into the disclosure of the invention.”
It’s important to note that while amendments can help clarify the written description, they cannot remedy a fundamental lack of adequate disclosure in the original specification.
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