What is the presumption regarding the adequacy of a description as filed in a patent application?

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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. In patent law, there is a presumption that the description as filed in a patent application is adequate. This presumption remains in effect unless the examiner presents sufficient evidence or reasoning to rebut it. According to MPEP 2163.04 : “A description as filed is presumed to be adequate, unless or until sufficient evidence or reasoning to the contrary has been presented by the examiner to rebut the presumption. See, e.g., In re Marzocchi, 439 F.2d 220, 224, 169 USPQ 367, 370 (CCPA 1971).” This presumption places the initial burden on the examiner to demonstrate why the description might be inadequate, rather than requiring the applicant to prove its adequacy from the outset. It’s an important principle that helps balance the examination process and protects applicants from unwarranted rejections. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Description as Filed Presumed Adequate Until Challenged MPEP 2163.04 Written Description Requirement for Genus Species MPEP 2163 Written Description Requirement Must Be Satisfied By Broad Disclosure MPEP 2163 Written Description Requirement Can Be Met with Function and Minimal Structure MPEP 2163 Permitted Written Description Requirement Not Necessarily Detailed MPEP 2163 Required Written Description Requirement for Invention Possession MPEP 2163 Written Description Requirement for Product-by-Process Claims MPEP 2163 Prohibited Written Description Requirement for Genus MPEP 2163 Permitted Written Description Requirement Ensures Claims Match Specification MPEP 2163 Written Description Requirement Evolves With Field Knowledge MPEP 2163 Other Related FAQs 5 FAQs Collapse How is the adequacy of written description determ...