What are the main requirements under 35 U.S.C. 112(a)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The main requirements under 35 U.S.C. 112(a) are: Written Description: The specification must contain a written description of the invention. Enablement: The specification must enable any person skilled in the art to make and use the invention. Best Mode: The specification must set forth the best mode contemplated by the inventor for carrying out the invention. As stated in the MPEP, “ The following is a quotation of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. ” This quote summarizes the three main requirements of 112(a). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Written Description and Best Mode Disclosure MPEP 2166 Written Description and Enablement Requirement MPEP 2161 Written Description Requirement for Invention MPEP 2166 Recommended Utility Requirements for Patent Applications MPEP 2166 Best Mode Must Be Disclosed If Not In Application MPEP 715.10 Required Best Mode Must Not Invalidate Patent MPEP 2165 Prohibited Best Mode Not Altering Examining Practices MPEP 2165 No Requirement to Update Best Mode for Priority Applications MPEP 2165.01 Required Written Description Requirement for Invention MPEP 2161 Written Description Is Separate From Enablement MPEP 2161 Other Related FAQs 5 FAQs Collapse What is the difference between the writte...