What constitutes a valid disclosure in a patent application?
In a patent application, a valid disclosure can include not only the description and drawings as filed, but also the claims present on the filing date. As stated in MPEP 608.01(l): “In establishing a disclosure, applicant may rely not only on the description and drawing as filed but also on the claims present on the filing date of the application if their content justifies it.” This means that if a claim itself clearly discloses subject matter not shown in the drawing or described in the description, it can be considered part of the disclosure.
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Topics:
Patent Law,
Patent Procedure