What is the significance of the original disclosure in the written description requirement?

The original disclosure plays a crucial role in meeting the written description requirement. According to MPEP 2163.02:

“The subject matter of the claim need not be described literally (i.e., using the same terms or in haec verba) in order for the disclosure to satisfy the description requirement.”

This means that:

• The original disclosure serves as the basis for determining whether the applicant had possession of the claimed invention at the time of filing
• The specification must convey with reasonable clarity to those skilled in the art that the applicant was in possession of the invention
• Exact wording is not required, but the disclosure must adequately describe the claimed invention
• Subsequent amendments or new claims must find support in the original disclosure

The significance of the original disclosure underscores the importance of providing a comprehensive and clear description of the invention in the initial application.

To learn more:

• original disclosure
• written description requirement
• patent application