What is the basis for disclosure in a patent application?

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 basis for disclosure in a patent application is outlined in MPEP 608. It states:

“Applicant may rely for disclosure upon the specification with original claims and drawings, as filed.”

This means that the original specification, claims, and drawings submitted at the time of filing form the foundation of the disclosure. Any amendments or new claims must find support within this original disclosure to avoid introducing new matter. The disclosure must provide a full and clear description of the invention as required by 35 U.S.C. 112(a).