What happens if a patent application fails to meet the written description requirement?

If a patent application fails to meet the written description requirement, it can lead to serious consequences, including rejection of the application or invalidation of an issued patent. The MPEP 2163.01 explains:

“If the application as filed does not disclose the complete structure (or acts of a process) of the claimed invention as a whole, determine whether the specification discloses other relevant identifying characteristics sufficient to describe the claimed invention in such full, clear, concise, and exact terms that a skilled artisan would recognize applicant was in possession of the claimed invention.”

If the examiner determines that the written description is inadequate, they may issue a rejection under 35 U.S.C. 112(a). The applicant would then need to either amend the claims to align with the disclosed invention or provide evidence that the original disclosure does, in fact, support the claims as written.

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Topics: MPEP 2100 - Patentability, MPEP 2163.01 - Support For The Claimed Subject Matter In Disclosure, Patent Law, Patent Procedure
Tags: 35 u.s.c. 112(a), Patent Rejection, Written Description